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Criminal Cases

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 ...

HB127-17 : THE STATE vs GLADYS MUTOPA
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

23 May 2017 Children Violations-viz murder.Domestic Violence-viz murder re chastisement of minors.Domestic Violence-viz murder re enforcement of discipline on children.Domestic Violence-viz murder re ...

HB127-16 : VINCENT SHAVA vs THE STATE
Ruled By: BERE J

20, 23 and 24 May 2016 Bail-viz bail pending appeal.Abuse of Public Office-viz section 174(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Criminal Abuse ...

HB126-17 : THE STATE vs LANDELANI TSHUMA
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

24 May 2017 Indictment-viz plea of guilty re limited plea iro Statement of Agreed Facts.Charge-viz guilty plea re limited plea iro Statement of ...

HB126-11 : ELPHAS NCUBE vs THE STATE
Ruled By: CHEDA J

5 September 2011 and 15 September 2011 Bail-viz bail pending appeal.Fraud-viz section 136(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz fraud.Procedural Law-viz rules of ...

HB126-09 : THE STATE vs SPENCER MPOFU
Ruled By: NDOU J and CHEDA J

27 November and 3 December 2009 Robbery-viz section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz robbery.Procedural Law-viz rules of evidence re evidence ...

HB125-16 : THE PROSECUTOR GENERAL OF ZIMBABWE vs TENDAI CHINEMBIRI
Ruled By: MAKONESE J

17 and 19 May 2016 Procedural Law-viz appeal re leave to appeal iro section 61(b) of the Magistrate's Court Act [Chapter 7:10].Procedural Law-viz appeal re ...

HB124-17 : THE STATE vs FREDDY SHAVI
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

22 May 2017 Murder-viz gender based violence.Murder-viz gender-based violence.Domestic Violence-viz murder.Procedural Law-viz rules of evidence re defences iro self-defence.Procedural Law-viz rules of evidence ...

HB124-16 : THE STATE vs INNOCENT GWEBU
Ruled By: MATHONSI J

12 and 13 May 2016 Procedural Law-viz rules of evidence re corroborative evidence iro pervasive influence.Procedural Law-viz rules of evidence re onus iro burden of ...

HB124-14 : THE STATE vs POLITE SITHOLE
Ruled By: TAKUVA J and MOYO J

14 August 2014 Procedural Law-viz criminal review.Domestic Violence-viz section 4(1) of the Domestic Violence Act [Chapter 5:16].Sexual Offences-viz unlawful sexual intercourse with a ...

HB124-11 : ROPAFADZO MHUNGU vs THE STATE
Ruled By: CHEDA J

9 September 2011 and 15 September 2011 Bail-viz bail pending appeal.Bail-viz co-accused re the principle of equality of treatment,Bail-viz bail pending trial re seriousness of the offence.Bail-viz ...

HB123-09 : HARDSON MHLANGA vs THE STATE
Ruled By: CHEDA J

19 November 2009 and 26 November 2009 Bail-viz bail pending trial.Conspiracy to Commit-viz incitement to commit kidnapping.Conspiracy to Commit-viz incitement to commit unlawful detention.Conspiracy to Commit-viz intent ...

HB122-10 : SIKHONZILE NGWENYA and TWHALA MOYO vs ABEDINEGO NDEBELE N.O. and THE STATE
Ruled By: MATHONSI J

12 October 2010 and 21 October 2010 Procedural Law-viz criminal review.Armed Robbery-viz section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Accessory-viz accessory after the ...

HB122-09 : BENJAMIN MAKETO vs THE STATE
Ruled By: CHEDA J

20 October 2009 and 17 December 2009 Bail-viz alteration of bail conditions re changed circumstances.Corruption-viz section 4(2) of the Prevention of Corruption Act [Chapter 9:16].Sentencing-viz corruption.Bail-viz variation ...

HB121-14 : THABANI ZONDO vs MRS R. DUBE N.O. and THE STATE
Ruled By: KAMOCHA J and TAKUVA J

3 April and 7 August 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz criminal review.Indictment-viz framing of charges re incorrect citation of ...

HB121-10 : THE STATE vs INKEN NYAMAHA
Ruled By: CHEDA J

11 October 2010 and 21 October 2010 Procedural Law-viz criminal review.Theft-viz section 113(1)(a)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Theft-viz section 113(1) of the ...

HB120-14 : SINANZWEYINKOSI NDLOVU vs THE STATE
Ruled By: KAMOCHA J and MAKONESE J

12 May 2014 and 24 July 2014 Procedural Law-viz criminal appeal.Fraud-viz section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz fraud.Procedural Law-viz rules of ...

HB120-09 : THE STATE vs VICTOR NKALA
Ruled By: CHEDA J and NDOU J

16 November 2009 and 26 Novemebr 2009 Procedural Law-viz criminal review.Sentencing-viz rape.Rape-viz mentally challenged victim.Rape-viz juvenile accused re sixteen years old.Rape-viz mentally retarded complainant.

HB12-16 : LEONARD SILUME vs THE STATE
Ruled By: BERE J and MATHONSI J

18 January and 4 February 2016 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 sentencing ...

HB12-15 : THE STATE vs TONGOONA MUCHAIRI
Ruled By: MUTEMA J and ASSESSORS: DHLULA and MOYO

22 and 23 January 2015 Murder-viz defences re self-defence.Procedural Law-viz rules of evidence re defences iro self defence.Murder-viz defences re diminished mental responsibility iro provocation.Procedural ...

HB12-14 : NDABA SYDNEY and MANZONZA PINIEL and GOROMONDO MISHECK vs THE STATE
Ruled By: MOYO J

20 January 2014 and 30 January 2014 Bail-viz bail pending appeal.Immigration Violations-viz section 36(1)(c) of the Immigration Act [Chapter 4:02].Sentencing-viz immigration violations.Sentencing-viz sentencing approach re first offenders.Sentencing-viz ...

HB119-20 : TINASHE KAMBARAMI vs THE STATE
Ruled By: MAKONESE J and MABHIKWA J

15 and 18 June 2020 Theft-viz section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz final orders re unrepresented accused persons.Procedural ...

HB119-16 : THE STATE vs FORTUNE NCUBE
Ruled By: MATHONSI J

10 and 11 May 2016 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re physical evidence ...

HB118-14 : THE NATIONAL PROSECUTING AUTHORITY vs INNOCENT BEPURA (N.O) and THOMAS CHAPETA
Ruled By: MAKONESE J and MOYO J

17 July and 24 July 2014 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz review re section 26 of the High Court Act ...

HB118-09 : THE STATE vs THULISANI NKALA
Ruled By: CHEDA J

28 October 2009 and 19 November 2009 Charge-viz murder.Charge-viz murder re multiple counts.Procedural Law-viz rules of evidence re findings of fact iro witness testimony.Procedural Law-viz rules ...

HB117-14 : THE STATE vs JABULANI NGWENYA
Ruled By: MOYO J and TAKUVA J

24 July 2014 Procedural Law-viz criminal review.Kidnapping-viz section 93(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz kidnapping.Procedural Law-viz rules of ...

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