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Criminal Cases

HB117-11 : ANDILE NCUBE and GODKNOWS MHLANGA vs THE STATE
Ruled By: NDOU J and CHEDA J

6 June 2011 and 22 September 2011 Procedural Law-viz criminal appeal.Sexual Offences-viz rape re assault and rape.Sentencing-viz rape.Procedural Law-viz rules of evidence re evidence of identification.Procedural Law-viz ...

HB117-10 : JOEL GARIKAI GOMBA and BAHATI MDUDUZI MOYO vs THE STATE
Ruled By: NDOU J and CHEDA J

13 and 7 October 2010 Procedural Law-viz criminal appeal re sentence.Parks and Wildlife Management-viz unlawful possession of raw ivory iro section 82(1) of S.I.362 of ...

HB117-09 : THE STATE vs VICTOR MLILO
Ruled By: CHEDA J and KAMOCHA J

6 November 2009 and 19 November 2009 Procedural Law-viz criminal review.Stock Theft-viz theft of a donkey.Sentencing-viz stock theft.Sentencing-viz mandatory statutory sentence.Sentencing-viz theft.Sentencing-viz warrant of liberation.Procedural Law-viz rules ...

HB116-16 : THE STATE vs MANDLA FUZANI
Ruled By: TAKUVA J and MOYO J

28 April 2016 Procedural Law-viz review re automatic review.Assault-viz section 89 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Robbery-viz section 126 ...

HB116-14 : THE STATE vs NONSIKELELO DUBE
Ruled By: MOYO J and TAKUVA J

24 July 2014 Procedural Law-viz criminal review.Theft-viz section 113(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz theft.Procedural Law-viz rules of ...

HB116-11 : THE STATE vs SARAH NGOMA and LILLIAN NYONI
Ruled By: MATHONSI J and KAMOCHA J

8 September 2011 Procedural Law-viz criminal review.Precious Minerals-viz unlawful prospecting re section 368(1) of the Mines and Minerals Act [Chapter 21:05].Sentencing-viz sentencing approach ...

HB116-10 : THE STATE vs SHAKEMAN DUBE
Ruled By: MATHONSI J and NDOU J

7 Ocotber 2010 Procedural Law-viz criminal review.Charge-viz essential elements of the offence.Sexual Offences-viz sexual intercourse with a young person re section 70(1)(a) of ...

HB115-16 : THE STATE vs ELIZABETH MBULAYI
Ruled By: TAKUVA J and ASSESSORS: DAMBA and HADEBE

18 and 19 February and 26 April 2016 Indictment-viz plea of guilty re limited plea.Charge-viz guilty plea re limited plea.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz rules ...

HB115-11 : PISI NDLOVU (NEE NXUMALO) vs THE STATE
Ruled By: NDOU J

6 September 2011 Bail-viz bail pending trial.Bail-viz murder.Bail-viz gravity of the offence.Bail-viz strength of the State case.Bail-viz rules of evidence re evidence linking ...

HB114-15 : THE STATE vs MELI MBANO
Ruled By: MAKONESE J

19 May 2015 Indictment-viz plea of guilty re limited plea iro Statement of Agreed Facts.Charge-viz guilty plea re limited plea iro Statement of ...

HB114-11 : MONICA LUBIMBI vs THE STATE
Ruled By: NDOU J

26 August 2011 and 29 August 2011 Bail-viz murder.Bail-viz flight risk.Bail-viz interference with investigations.Bail-viz evidence linking the accused to the offence committed.Bail-viz nexus between the accused and ...

HB114-08 : THE STATE vs NAMATAI MAPFUMO
Ruled By: CHEDA J and NDOU J

17 November 2008 and 22 January 2009 Procedural Law-viz criminal review.Road Traffic Law-viz negligent driving re section 52 of the Road Traffic Act [Chapter 13:11].Road Traffic Law-viz ...

HB113-16 : THE STATE vs MATHIAS MUNIKWA
Ruled By: TAKUVA J and MOYO J

28 April 2016 Procedural Law-viz criminal review re automatic review.Unlawful Entry-viz unlawful entry in aggravated circumstances re section 131 of the Criminal Law ...

HB113-14 : NTOMBIZODWA TSHUMA vs THE STATE
Ruled By: MAKONESE J and MOYO J

14 July 2014 and 17 July 2014 Procedural Law-viz criminal appeal.Kidnapping-viz section 93(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz kidnapping.Procedural Law-viz appeal re ...

HB112-11 : BONGANI SICELO MBAMBO vs THE STATE
Ruled By: MATHONSI J

22 August 2011 and 25 August 2011 Bail-viz bail pending trial.Bail-viz armed robbery.Bail-viz co-accused re the principle of equality of treatment.Bail-viz bail pending trial re set down ...

HB112-10 : MORGAN MHONDIWA vs THE STATE
Ruled By: NDOU J and KAMOCHA J

30 September 2010 Procedural Law-viz criminal appeal re conviction and sentence.Sexual Offences-viz incestuous rape re section 75(2)(b) of the Criminal Law (Codification and ...

HB112-09 : ATTORNEY GENERAL vs BRIGHTON CHIRUKAMARI and EZELINA MILIKAFU CHISEMBE
Ruled By: CHEDA J

2 November 2009 and 5 November 2009 Bail-viz appeal against the granting bail.Bail-viz electricity law violations re cutting of copper conductors iro railway power line.Bail-viz Electricity Act ...

HB111-14 : TAFADZWA PAUL MUTASA vs THE STATE
Ruled By: KAMOCHA J

24 April 2014 Procedural Law-viz condonation re late filing of a notice of appeal.Sentencing-viz theft.Sentencing-viz sentencing approach re community service.Procedural Law-viz condonation re ...

HB111-10 : THE STATE vs BEKHITHEMBA MSEBELE
Ruled By: NDOU J and KAMOCHA J

23 September 2010 Procedural Law-viz criminal review.Firearms Violations-viz unlawful possession re section 4(4) of the Firearms Act [Chapter 10:09].Sentencing-viz sentencing approach re special ...

HB111-09 : LUKA MISHECK KHUPE and TSHINDU NCUBE and SIPUDAWU NDEBELE and KHANGEZA MOYO and NKOSILATHI NLEYA vs THE STATE
Ruled By: CHEDA J

2 November 2009 and 5 November 2009 Bail-viz bail pending trial.Bail-viz bail hearing re allegations iro burden of proof.Bail-viz bail pending trial re murder.Bail-viz murder.Bail-viz fear of ...

HB110-15 : THE STATE vs LOVEMORE MAKOMBE
Ruled By: MOYO J

19 May 2015 Procedural Law-viz rules of evidence re expert evidence iro post mortem report.Indictment-viz plea of guilty re limited plea iro the ...

HB110-14 : THE STATE vs AUSTIN NCUBE
Ruled By: MOYO J

8-9 July and 17 July 2014 Procedural Law-viz rules of evidence re unchallenged evidence iro section 314 of the Criminal Procedure and Evidence Act.Procedural Law-viz rules ...

HB11-11 : THE STATE vs PETER SIWELA
Ruled By: NDOU J and MATHONSI J

24 January 2011 and 3 February 2011 Procedural Law-viz criminal appeal re conviction.Sentencing-viz stock theft.Procedural Law-viz rules of evdence re findings of fact iro assessment of evidence.Procedural ...

HB109-11 : SAMANTHA MASHIRI vs THE STATE
Ruled By: CHEDA J

15 August 2011 and 15 September 2011 Bail-viz bail appeal.Bail-viz bail pending trial re the presumption of innocence until proven guilty.Bail-viz bail pending trial re the seriousness ...

HB108-10 : EMMANUEL MURAMBIWA vs THE STATE
Ruled By: CHEDA J and MATHONSI J

12 July 2010 and 30 September 2010 Procedural Law-viz criminal appeal re sentence.Housebreaking-viz section 131(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz housebreaking.Sentencing-viz sentencing ...

HB108-09 : OSCAR BOMA and BUSISANI TSHABANGU and TAWANDA CEPHAS NYANDORO vs THE STATE
Ruled By: NDOU J

24 September and 29 October 2009 Bail-viz bail pending trial.Bail-viz bail pending trial re carjacking.Bail-viz bail pending trial re armed robbery.Bail-viz carjacking.Bail-viz armed robbery.Bail-viz accused with ...

HB107-10 : THE STATE vs ONISMO NYENGE
Ruled By: MATHONSI J and NDOU J

30 September 2010 Procedural Law-viz criminal review.Procedural Law-viz criminal review re section 57 of the Magistrates Court Act [Chapter 7:10].Theft-viz section 113(1)(a) of ...

HB105-11 : THE STATE vs LYTHON MATHE
Ruled By: KAMOCHA J

13 and 14 July 2011 Procedural Law-viz rules of evidence re expert evidence iro post mortem report.Procedural Law-viz rules of evidence re physical evidence.Procedural Law-viz ...

HB105-09 : THE STATE vs LEO MATIBE
Ruled By: CHEDA J

12 March 2009 and 14, 15 and 16 October 2009 Murder-viz rules of evidence re physical evidence iro murder weapon.Procedural Law-viz rules of evidence re physical evidence.Murder-viz doctrine of common ...

HB104-16 : THE STATE vs HAPPY MUNSAKA
Ruled By: MOYO J and TAKUVA J

28 April 2016 Procedural Law-viz criminal review re automatic review.Indictment-viz charges re amendment of charges.Indictment-viz charges re alteration of charges.Sexual Offences-viz having sexual ...

View Appeal HB104-11 : THE STATE vs NORMAN SIBANDA
Ruled By: KAMOCHA J

4 November 2010 and 7 July 2011 Procedural Law-viz rules of evidence re extra-curial statement.Procedural Law-viz rules of evidence re extra curial statemets re confirmed extra-curial statement.Procedural ...

HB104-09 : THE STATE vs GIFT CHIKWEYA
Ruled By: CHEDA J

14 and 15 September 2009 and 26 October 2009 Procedural Law-viz rules of evidence re admissions.Procedural Law-viz plea to charge re admissions.Procedural Law-viz plea to charge re admissions iro ...

HB103-09 : THE STATE vs DUMISANI SIBANDA
Ruled By: CHEDA J and KAMOCHA J

13 October 2009 and 22 October 2009 Procedural Law-viz criminal review.Precious Minerals-viz possession of gold without a licence or permit re section 3(1)(a) of the Gold Trade ...

HB102-16 : THE STATE vs EDGAR MAJASI and PRECIOUS NKOMO
Ruled By: MOYO J

22-23 March 2016 Procedural Law-viz rules of evidence re direct evidence.Procedural Law-viz rules of evidence re circumstantial evidence.Procedural Law-viz rules of evidence re ...

HB102-14 : TERRENCE MUGUTA vs THE STATE
Ruled By: MAKONESE J

30 June 2014 and 3 July 2014 Bail-viz armed robbery.Bail-viz bail pending trial re the presumption of innocent until proven guilty.Bail-viz flight risk re the likely penalty ...

HB102-10 : NOMSA KANYOKA and PRICHARD NDLOVU and PHATHISANI NKALA and ANTHONY MUMBA vs THE STATE
Ruled By: MATHONSI J

2 September 2010 and 9 September 2010 Procedural Law-viz bail re bail pending appeal.Theft-viz section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz theft.Electricity ...

HB101-09 : THE STATE vs FORGET NCUBE
Ruled By: CHEDA J and KAMOCHA J

7 October 2009 and 15 October 2009 Procedural Law-viz review.Murder-viz infanticide re section 48(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz infanticide.Sentencing-viz suspended sentence ...

HB100-17 : ELIZABETH SHAVA vs PRIMROSE MAGOMORE N.O. and NATIONAL PROSECUTING AUTHORITY
Ruled By: MATHONSI J

20 April 2017 and 27 April 2017 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HB100-11 : THE ATTORNEY GENERAL vs DAVID PHIRI
Ruled By: NDOU J

12 November 2010 and 14 July 2011 Procedural Law-viz criminal appeal re leave to appeal.Procedural Law-viz criminal appeal re leave to appeal acquittal at the close of ...

HB100-09 : THE STATE vs BISHOP NCUBE
Ruled By: CHEDA J and NDOU J

7 October 2009 and 15 October 2009 Procedural Law-viz criminal review.Procedural Law-viz criminal review re rape.Sentencing-viz rape.Sentencing-viz rape re multiple counts.Sentencing-viz multiple counts re mathematical formula.Sentencing-viz multiple ...

HB10-16 : EUGIENE MHLANGA vs THE STATE
Ruled By: BERE J and MAKONESE J

19 October 2015 and 11 February 2016 Procedural Law-viz criminal appeal re sentence.Procedural Law-viz final orders re the right of a litigating party to written reasons for ...

HB09-16 : ARTHUR KAZANGARARE vs THE STATE
Ruled By: BERE J and MATHONSI J

18 January and 4 February 2016 Procedural Law-viz criminal appeal re conviction and sentence.Stock Theft-viz section 114 of the Criminal Law (Codification and Reform) Act [Chapter ...

HB09-11 : THE STATE vs MPUMELELO MOYO
Ruled By: MATHONSI J and NDOU J

27 January 2011 Procedural Law-viz criminal review.Firearms Violations-viz unlawful possession of a firearm re section 4(4)(b) of the Firearms Act [Chapter 10:09].Firearms Violations-viz ...

HB09-10 : EMMANUEL JUWAKI and PROSPER MAPHOSA vs THE STATE
Ruled By: NDOU J

2 and 25 February 2010 Bail-viz armed robbery.Bail-viz co-accused re principle of equality of treatment.Bail-viz set down of trial date.Bail-viz likelihood to abscond.Bail-viz risk of ...

HB08-16 : CHRISTOPHER MANGISI vs THE STATE
Ruled By: BERE J and MATHONSI J

18 January and 4 February 2016 Procedural Law-viz criminal appeal re concession of an appeal by the State iro section 35 of the High Court Act ...

View Appeal HB08-13 : THE STATE vs NKANYEZI MOYO
Ruled By: KAMOCHA J

20, 21 and 24 September 2012; 15 and 17 January 2013 Murder-viz murder with actual intent.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re evidence of oath ...

HB08-09 : LUNGISANI DUBE vs THE STATE
Ruled By: CHEDA J

19 November 2008 and 22 January 2009 Bail-viz bail pending appeal.Bail-viz bail pending appeal re consent of the State.Procedural Law-viz rules of evidence re warned and cautioned ...

HB07-16 : LOURENS M. BOTHA (SENIOR) and LOURENS M. BOTHA (JUNIOR) vs THE STATE
Ruled By: MAKONESE J and TAKUVA J

9 November 2015 and 28 January 2016 Procedural Law-viz criminal appeal.Theft-viz section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] re the defence of ...

HB07-15 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: MAKONESE J

9 January and 15 January 2015 Bail-viz fraud re section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Bail-viz bail pending trial re seriousness ...

HB07-10 : THE STATE vs FANUEL PHIRI
Ruled By: NDOU J and CHEDA J

25 February 2010 Procedural Law-viz criminal review.Parks and Wildlife Management-viz unlawful possession of animal trophy without a licence.Parks and Wildlife Management-viz unlawful possession ...

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