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Criminal Cases

HB156-11 : SIPHIWE MAPHOSA vs THE STATE
Ruled By: KAMOCHA J and CHEDA J

20 June 2011 and 8 December 2011 Procedural Law-viz criminal appeal re sentence.Sexual Offences-viz rape re section 65(1) of the Criminal Law (Codification and Reform) Act [Chapter ...

HB155-16 : SAM TOGAREPI vs THE STATE
Ruled By: BERE J and MATHONSI J

13 and 16 June 2016 Procedural Law-viz criminal appeal.Murder-viz culpable homicide re road traffic accident iro section 49(b) of the Criminal Law (Codification and Reform) ...

HB155-10 : GEORGINA NDLOVU vs THE STATE
Ruled By: NDOU J and CHEDA J

11 October 2010 and 24 November 2010 Procedural Law-viz criminal appeal re sentence.Sentencing-viz sexual offences re aggravated indecent assault.Sexual Offences-viz aggravated indecent assault.Charge-viz plea of guilty.Sentencing-viz sexual ...

HB153-16 : THE STATE vs SAMSON MASUKU
Ruled By: MOYO J

2 June 2016 Murder-viz mob assault re the doctrine of common purpose.Murder-viz multiple assailants re common purpose.Indictment-viz plea of guilty re limited plea ...

HB152-16 : THE STATE vs SIMON NCUBE
Ruled By: BERE J and ASSESSORS: MASHENGELE and DHLULA

9 and 10 June 2016 Murder-viz section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re direct evidence ...

HB151-11 : AUSTIN M. SULUBANI vs THE STATE
Ruled By: CHEDA J and MATHONSI J

22 July 2011 and 24 November 2011 Procedural Law-viz criminal appeal re conviction and sentence.Sexual Offences-viz rape.Sentencing-viz sentencing approach re juvenile offenders.Procedural Law-viz rules of evidence re ...

HB150-16 : THE STATE vs CHEST MOYO
Ruled By: MATHONSI J

7 and 8 June 2016 Procedural Law-viz rules of evidence re direct evidence iro murder.Procedural Law-viz rules of evidence re circumstantial evidence iro murder.Procedural Law-viz ...

HB150-11 : THE STATE vs SIMANGA LETHA
Ruled By: MATHONSI J

16 September 2011 Procedural Law-viz rules of evidence re compellable witness.Procedural Law-viz rules of evidence re competent witness.Procedural Law-viz rules of evidence re ...

HB15-16 : THE STATE vs ONE MUDENDA
Ruled By: BERE J and ASSESSORS: NYONI and MASHENGELE

21 January 2016 Procedural Law-viz rules of evidence re expert evidence iro post mortem report.Procedural Law-viz rules of evidence re cause of death ...

HB15-15 : BLESSING NHAMO vs THE STATE
Ruled By: MAKONESE J

23 January and 29 January 2015 Bail-viz bail pending trial re robbery.Bail-viz robbery re the doctrine of recent possession.Bail-viz flight risk.Bail-viz interference with witnesses.Bail-viz interference with ...

HB15-14 : THE STATE vs BIGBOY NDOU
Ruled By: MUTEMA J and MOYO J

20 January 2014 Procedural Law-viz criminal review.Stock Theft-viz section 114(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz stock theft.Sentencing-viz sentencing ...

HB15-13 : THE STATE vs ELIZABETH MULEYA
Ruled By: CHEDA J

24 January 2013 and 25 January 2013 Sentencing-viz sentencing approach re mandatory sentence iro extenuating circumstances.Murder-viz murder with actual intent.Sentencing-viz sentencing approach re youthful offenders.Sentencing-viz murder with ...

HB15-11 : ZWELITHINI DLAMINI and SHERMAN CARTERS vs THE STATE
Ruled By: NDOU J and KAMOCHA J

20 Septemebr 2010 and 10 February 2011 Procedural Law-viz criminal appeal re sentence.Theft-viz section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz theft.Sentencing-viz theft ...

HB149-11 : THE STATE vs BENJAMIN DZIKA
Ruled By: MATHONSI J

13 September 2011 Procedural Law-viz rules of evidence re indications.Procedural Law-viz rules of evidence re direct evidence.Procedural Law-viz rules of evidence re circumstantial ...

HB148-11 : THE STATE vs VASCO DA GAMA NGOLE
Ruled By: MATHONSI J

19 September 2011 Murder-viz defence of diminished mental responsibility re non-pathological criminal incapacity.Murder-viz defence of provocation.Procedural Law-viz rules of evidence re physical evidence.Procedural ...

HB147-11 : JEALOUS NGURINGA vs THE STATE
Ruled By: NDOU J

5 October 2011 Bail-viz fraud.Fraud-viz section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Bail-viz pending criminal charges.Bail-viz bail appeal re ...

HB145-16 : DUMEZWENI MAHLANGU vs THE STATE
Ruled By: MATHONSI J

6 June and 9 June 2016 Bail-viz changed circumstances re revocation of bail pending appeal iro lapsing of an appeal.Bail-viz changed circumstances re termination of bail ...

HB143-11 : THE STATE vs MTHABISI KHUMALO
Ruled By: KAMOCHA J

28 and 29 September 2011 Procedural Law-viz rules of evidence re extra curial statement iro confirmed extra-curial statement.Procedural Law-viz rules of evidence re Defence Outline ...

HB141-11 : THE STATE vs FARAI MACHAYA and ABEL MAPHOSA and EDMORE GANA and BOTHWELL GANA and OBERT GAVI and TIRIVASHOMA MAWADZE
Ruled By: MATHONSI J

26 September 2011 Procedural Law-viz rules of evidence re expert evidence iro post mortem report.Procedural Law-viz rules of evidence re evidence of oath ...

HB140-10 : MANDLA MKOMBO vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

25 October 2010 and 4 November 2010 Procedural Law-viz criminal appeal re sentence.Theft-viz section 113(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Theft-viz section 113(1)(b) ...

HB14-15 : THE STATE vs ZONDIWE NCUBE
Ruled By: TAKUVA J and MUTEMA J

29 January 2015 Procedural Law-viz review re section 57 of the Magistrates Court Act [Chapter 7:10].Stock Theft-viz section 114 of the Criminal Law ...

HB14-14 : THE STATE vs NKOSILATHI TSHABALALA
Ruled By: MUTEMA J and TAKUVA J

20 and 23 January 2014 Procedural Law-viz criminal review.Sentencing-viz criminal trespass.Sentencing-viz theft.Sentencing-viz sentencing approach re first offenders.Sentencing-viz sentencing approach re plea of guilty.Sentencing-viz sentencing approach ...

HB14-13 : EDGAR MDONGO vs THE STATE
Ruled By: CHEDA AJ

22 and 31 January 2013 Bail-viz bail pending appeal.Fraud-viz section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz fraud.Sentencing-viz sentencing approach re ...

HB14-09 : CHRISPEN TSHUMA vs THE STATE
Ruled By: NDOU J

7 February, 2009 Criminal Law-viz bail re armed robbery iro abscondment.Criminal Law-viz bail re armed robbery iro evasion of arrest.Criminal Law-viz bail re ...

HB139-18 : THE STATE vs BEST SIBANDA
Ruled By: MATHONSI J

23 May 2018 and 24 May 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Indictment-viz plea of guilty re limited plea.Charge-viz guilty ...

HB139-16 : AMINI PHIRI vs THE STATE
Ruled By: BERE J and TAKUVA J

23 May and 2 June 2016 Procedural Law-viz criminal appeal.Criminal Insult-viz section 95(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz criminal insult.Procedural Law-viz ...

HB138-16 : EDMORE NYARUGWE vs THE STATE
Ruled By: BERE J and TAKUVA J

15 February and 2 June 2016 Procedural Law-viz criminal appeal re leave to appear in person.Criminal Abuse of Duty as a Public Officer-viz section 174(1)(a) of ...

HB138-11 : DUMESHIOUS MOYO vs THE STATE
Ruled By: NDOU J and KAMOCHA J

26 September and 13 October 2011 Procedural Law-viz criminal appeal.Sexual Offences-viz unlawful performing indecent acts with young persons re section 70 of the Criminal Law (Codification ...

HB136-11 : THABO NDABEZINHLE NCUBE vs THE STATE
Ruled By: NDOU J

29 September 2011 Bail-viz bail pending trial re set down of trial date.Bail-viz changed circumstances re revocation of bail iro indictment for trial.

HB135-11 : THE STATE vs MABUTHO LEARNMORE and MGUQUKO CHARLES
Ruled By: CHEDA J and KAMOCHA J

6 October 2011 Procedural Law-viz criminal review.Sentencing-viz sentencing approach.Sentencing-viz sentencing approach re ascertaining the value of actual prejudice iro assessment of sentence.Sentencing-viz sentencing ...

HB135-10 : MAJOR MHLANGA vs THE STATE
Ruled By: MATHONSI J

26 October 2010 and 28 October 2010 Bail-viz bail pending appeal.Road Traffic Law-viz drunk driving re section 55(2) of the Road Traffic Act [Chapter 13:11].Sentencing-viz road traffic ...

HB134-16 : THE STATE vs METRON CHONGANI MAKAMBA and KNOWLEDGE JONASI
Ruled By: BERE J and MATHONSI J

26 May 2016 Procedural Law-viz criminal review.Attempting to Commit an Offence-viz attempted robbery re section 189 of the Criminal Law (Codification and Reform) ...

HB133-17 : THE STATE vs SAMSON PHIRI
Ruled By: MAKONESE J and MOYO J

1 June 2017 Procedural Law-viz criminal review.Indictment-viz canvassing essential elements.Charge-viz canvassing essential elements.Procedural Law-viz court management re unrepresented accused persons iro obligations of ...

HB133-16 : THE STATE vs ROD BHUNU
Ruled By: MOYO J

19 and 24 May 2016 Indictment-viz plea of guilty re limited plea.Charge-viz guilty plea re limited plea.Procedural Law-viz rules of evidence re expert evidence iro ...

HB132-16 : THE STATE vs TAFARA SHAVA
Ruled By: MOYO J

17 and 18 May 2016 Murder-viz section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re Defence Outline ...

HB132-11 : THE STATE vs GRESHAM DUBE
Ruled By: KAMOCHA J and NDOU J

20 September 2011 Procedural Law-viz criminal review.Theft-viz section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz theft.Sentencing-viz sentencing approach re ...

HB131-16 : THE STATE vs KAINOS SHOKO and ENITA ZANAMWE
Ruled By: MOYO J

17-19 May 2016 Procedural Law-viz rules of evidence re unchallenged evidence iro section 314 of the Criminal Procedure and Evidence Act [Chapter 9:07].Procedural ...

HB131-10 : THE STATE vs NDABENKULU MLILO
Ruled By: MATHONSI J and NDOU J

26 October 2010 and 28 October 2010 Procedural Law-viz criminal review.Road Traffic Law-viz driving without due care re section 51(1) of the Road Traffic Act [Chapter 13:11].Sentencing-viz ...

HB130-16 : ELPHAS NCUBE vs THE STATE
Ruled By: MATHONSI J

26 May and 27 May 2016 Procedural Law-viz bail re bail appeal iro refusal of bail pending appeal.Sentencing-viz fraud.Bail-viz bail pending appeal re appeal against sentence ...

HB130-10 : SINDISO TAPIWA MAKALIMA vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

22 October 2010 and 25 October 2010 Procedural Law-viz criminal appeal re conviction and sentence.Sentencing-viz rape.Sentencing-viz sentencing approach re juvenile offenders.

HB130-09 : BONGANI TSHUMA vs THE STATE
Ruled By: CHEDA J and NDOU J

28 September 2009 Procedural Law-viz appeal re appeal against sentence.Banking Violations-viz exchange control re section 4(i)(a)(i) of the Exchange Control Act Regulations, Statutory ...

HB13-16 : TENDAI NKOMO vs THE STATE
Ruled By: MAKONESE J

17 December 2015 and 11 February 2016 Bail-viz murder.Bail-viz bail pending trial.Bail-viz bail pending trial re gravity of the offence iro risk of abscondment.Bail-viz bail pending trial ...

HB13-15 : MAYIBONGWE BANDA vs THE STATE
Ruled By: MAKONESE J

26 January and 29 January 2015 Bail-viz bail pending trial.Bail-viz robbery.Bail-viz the presumption of innocence.Bail-viz interference with witnesses.Bail-viz strength of the prosecution case re incentive to ...

HB13-11 : THE STATE vs ENOCK MOYO
Ruled By: NDOU J and MATHONSI J

3 February 2011 Procedural Law-viz criminal review re automatic review.Undermining the Authority of or Insulting the President-viz section 33(2) of the Criminal Law ...

HB13-10 : HERBERT MAPURISA and ROBSON MAPURISA and TIMOTHY MACHEMEDZE and ADMIRE CHIHAMBAKWE vs THE STATE
Ruled By: NDOU J

4 and 11 March 2010 Bail-viz bail pending trial.Bail-viz aggravated robbery re section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Bail-viz co-accused ...

HB13-09 : THE STATE vs PETER MAKONO
Ruled By: NDOU J and CHEDA J

7 February, 2009 Criminal Law-viz charge re theft iro Zesa equipment.Criminal Law-viz verdict re aggravating factors iro moral blameworthiness.Criminal Law-viz verdict re mitigating ...

HB129-17 : THE STATE vs AGNES CHIPIKA
Ruled By: MAKONESE J

17 May 2017 Children Violations-viz murder re corporal punishment of juveniles.Children Violations-viz murder re chastisement of minors.Children Violations-viz murder re enforcement of ...

HB129-09 : RAPHAEL TSHABANGU and NICHOLAS TSHABANGU and DUMEZWENI TSHABANGU vs THE STATE
Ruled By: NDOU J

19 October 2009 and 10 December 2009 Procedural Law-viz appeal re leave to appeal.Procedural Law-viz Constitutional right to speedy criminal proceedings.Procedural Law-viz professional ethics.Procedural Law-viz appeal re ...

HB128-10 : THE STATE vs OLY SIBANDA
Ruled By: CHEDA J and MATHONSI J

22 October 2010 and 11 November 2010 Procedural Law-viz criminal review.Dangerous Drugs-viz unlawful possession of dagga re section 157(1)(c) of the Criminal Law (Codification and Reform) Act ...

HB128-09 : ROY NDLOVU vs THE STATE
Ruled By: CHEDA J

15 December 2009 and 17 December 2009 Bail-viz recommendations of the Investigating Officer.Bail-viz the principle of the presumption of innocence until proven guilty.Bail-viz unopposed bail application.Bail-viz unopposed ...

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