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Criminal Cases

Appealed SC07-21 : CAINOS CHINGOMBE vs THE STATE
Ruled By: MAKONI JA

19 February 2021 Procedural Law-viz chamber application re bail iro bail appeal.Bail-viz bail appeal re Rule 67 of the Supreme Court Rules.Bail-viz bail ...

Appealed SC07-12 : TUNGAMIRAI MADZOKERE and LAZARUS MAENGAHAMA and STANFORD MAENGAHAMA and PHINEOUS NHATARIKWA and STANFORD MANGWIRO and YVONNE MUSARURWA and REBECCA MAFUKENI vs THE STATE
Ruled By: MALABA DCJ

February 7 and 13, 2012 Bail-viz bail appeal.Bail-viz murder re mob assault.Bail-viz murder re multiple assailants.Bail-viz murder re murder of a judicial officer iro police ...

SC05-14 : ABEL SIBANDA vs THE STATE
Ruled By: GWAUNZA JA, PATEL JA and GUVAVA JA

26 and 27 November 2013 Murder-viz murder with actual intent.Procedural Law-viz appeal re automatic appeal.Sentencing-viz murder with actual intent.Procedural Law-viz rules of evidence re circumstantial ...

SC04-21 : MARRY MUBAIWA-CHIWENGA vs THE STATE and NATIONAL PROSECUTING AUTHORITY and CRIMINAL CLERK OF COURT, ROTTEN ROW MAGISTRATES COURT
Ruled By: MAVANGIRA JA

7 January, 22 and 3 February 2021 Bail-viz bail appeal.Procedural Law-viz directions of the court.Procedural Law-viz procedural judicial directives.Bail-viz conduct of bail hearings.Bail-viz variation of bail conditions.Bail-viz ...

SC01-14 : TELECEL ZIMBABWE (PRIVATE) LIMITED vs ATTORNEY- GENERAL OF ZIMBABWE N.O.
Ruled By: ZIYAMBI JA, GARWE JA and PATEL JA

22 July 2013 and 28 January 2014 Procedural Law-viz private prosecutions re the certificate nolle prosequi.Procedural Law-viz private prosecution re Part III of the Criminal Procedure and ...

View Appeal SC01-11 : MUNETSI KADZINGA vs THE STATE
Ruled By: MALABA DCJ, ZIYAMBI JA and CHEDA AJA

15 November 2010 Procedural Law-viz criminal appeal.Sentencing-viz murder with actual intent.Sentencing-viz sentencing approach re extenuating circumstances iro mandatory sentences.Sentencing-viz sentencing approach re special ...

HMT20-18 : THE STATE vs ROBSON CHILANGA and SAINI ASIDI
Ruled By: MWAYERA J and ASSESSORS: MUDZINGE and MAGOROKOSHO

25 September 2018 and 9 October 2018 Indictment-viz plea of guilty re limited plea.Charge-viz guilty plea re limited plea.Procedural Law-viz rules of evidence re findings of fact ...

HMT19-19 : THE STATE vs LYDIA KAHWEMA
Ruled By: MWAYERA J and ASSESSORS: MAWONEKE and CHIPERE

5 March 2019 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz culpable homicide re violent conduct iro section ...

HMT19-18 : THE STATE vs EDSON PHILLIMON MLAMBO
Ruled By: MWAYERA J and ASSESSORS: SANA and CHAGONDA

11 and 16 October 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Indictment-viz guilty plea re limited plea iro Statement ...

HMT18-18 : THE STATE vs JUDITH MUPELEFURAHA MULUMBA
Ruled By: MWAYERA J and ASSESSORS: MAWONEKE and MUDZINGE

30 October 2018 Murder-viz defences re diminished mental responsibility iro mental disorder.Defences-viz diminished mental responsibility re insanity.Procedural Law-viz rules of evidence re expert ...

HMT16-18 : THE STATE vs CHARLES HOFISI
Ruled By: MWAYERA J and ASSESSORS: MAWONEKE and RAJA

11, 13, 20 and 21 September 2018 and 10 October 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz defences re diminished mental responsibility iro intoxication.Murder-viz ...

HMT15-18 : THE STATE vs LUKE CHIDHIZA
Ruled By: MWAYERA J and ASSESSORS: MUDZINGE and CHIPERE

24 and 25 July 2018, 1, 6 and 9 August 2018 and 19 September 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Indictment-viz guilty plea re limited plea iro plea ...

HMT14-18 : THE STATE vs HARDLIFE SIMANGO
Ruled By: MWAYERA J and ASSESSORS: RAJA and MAWONEKE

17 July 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re findings of ...

HMT13-18 : THE STATE vs PATRICK KASHIRI
Ruled By: MWAYERA J and ASSESSORS: MAGOROKOSHO and MAWONEKE

31 July 2018; 1, 2, 9 and 30 August 2018; 10, 13 and 27 September 2018 Procedural Law-viz rules of evidence re defences iro provocation.Defences-viz diminished mental responsibility re provocation.Murder-viz defences re diminished mental responsibility iro ...

HMT12-18 : THE STATE vs RESPECT SITHOLE and SHAMISO MUNETSI
Ruled By: MWAYERA J and ASSESSORS: MUDZINGE and RAJA

26 June 2018; 10, 13, 16, 17 and 18 July 2018; 30 August 2018; and 19 September 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz multiple assailants.Murder-viz mob assault.Murder-viz defences re the ...

HMT11-18 : MUCHANETA MAKUYANA vs THE STATE
Ruled By: MWAYERA J

12 July 2018 Procedural Law-viz final orders re ex tempore judgment.Bail-viz sexual offences re rape.Bail-viz bail pending trial re the presumption of innocence ...

HMT08-18 : THE STATE vs ZVIITEYI CHIMANIKIRE
Ruled By: MWAYERA J and ASSESSORS: CHAGONDA and CHIPERE

17 and 18 July 2018 Procedural Law-viz rules of evidence re expert evidence iro postmortem report.Procedural Law-viz rules of evidence re findings of fact iro ...

HMT07-18 : THE STATE vs COSMORE CHOKO
Ruled By: MWAYERA J and ASSESSORS: MAGOROKOSHO and MAWONEKE

10 and 11 July 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz defences re diminished mental responsibility iro mental ...

HMT06-18 : THE STATE vs CHRISTOPHER PIWA
Ruled By: MWAYERA J and ASSESSORS: RAJA and CHAGONDA

7 and 19 June 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re defences iro ...

HMT05-18 : THE STATE vs JAMES SIKILA
Ruled By: MWAYERA J and ASSESSORS: CHIPERE and MAGOROKOSHO

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

HMT04-18 : THE STATE vs TALENT CHAKABVA
Ruled By: MWAYERA J and ASSESSORS: MAWONEKE and MUDZINGE

11, 12, 13, 14 and 21 June 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz defences re self-defence.Procedural Law-viz rules of evidence ...

HMT03-20 : THE STATE vs BERNARD MUCHADEI
Ruled By: MWAYERA J and ASSESSORS: MAWONEKE and MUDZINGE

1 and 17 October 2019 and 13 November 2019 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re warned and ...

HMT03-18 : THE STATE vs GARIKAI CHIGODO
Ruled By: MWAYERA J and ASSESSORS: MAGOROKOSHO and MAWONEKE

4 June 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re unchallenged evidence.Procedural ...

HMT02-20 : KUNDAI TSAURA and JOSEPH TSAURA vs THE STATE
Ruled By: MWAYERA J and MUZENDA J

16 October 2019 and 28 November 2019 Procedural Law-viz criminal appeal.Indictment-viz multiple accused persons.Charge-viz co-accused.Assault-viz section 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Witchcraft-viz ...

HMT02-18 : THE STATE vs INNOCENT MUTAYI
Ruled By: MWAYERA J and ASSESSORS: RAJA and SANA

11 June 2018 Indictment-viz plea of guilty re limited plea iro the statement of agreed facts.Charge-viz guilty plea re limited plea iro the ...

HMT01-20 : STATE vs GEORGE PFUMBWA
Ruled By: MUZENDA J and ASSESSORS: MAGOROKOSHO and RAJA

26 November 2019 Procedural Law-viz rules of evidence re defences iro diminished mental capacity.Procedural Law-viz defence of diminished mental responsibility re insanity iro ...

HMT01-18 : THE STATE vs LUKE MUNGOZA
Ruled By: MWAYERA J and ASSESSORS: CHIPERE and CHAGONDA

12, 13, 14, 15, 18 and 19 June 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re defences iro ...

HMA58-18 : THE STATE vs ERNEST CHIFUMURO
Ruled By: MAWADZE J and MAFUSIRE J

13 December 2018 Procedural Law-viz criminal review.Procedural Law-viz professional ethics.Murder-viz culpable homicide re road traffic accident.Indictment-viz multiple charges.Charge-viz multiple counts.Sentencing-viz culpable homicide.Procedural Law-viz ...

HMA57-18 : THE STATE vs BEN CHITALU
Ruled By: MAWADZE J and MAFUSIRE J

6 December 2018 Procedural Law-viz criminal review.Theft-viz theft of trust property re section 113 of the Criminal Law (Codification and Reform) Act [Chapter ...

HMA56-19 : THE STATE vs WONDERFUL MANJORO
Ruled By: MAWADZE J and ASSESSORS: CHADEMANA and MUSHUKU

7, 8, 17 October and 15 November 2019 Procedural Law-viz court management re trial within a trial.Procedural Law-viz onus re burden of proof iro trial within a trial.Procedural ...

HMA55-18 : STATE vs PHILLIP GUVHU
Ruled By: MAFUSIRE J and MAWADZE J

22 November 2018 Procedural Law-viz criminal review.Sentencing-viz stock theft re section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz sentencing ...

HMA53-18 : THE STATE vs JULIUS DABETI
Ruled By: MAWADZE J and ASSESSORS: DAURAMANZI and MUTOMBA

1, 2, and 15 November 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz culpable homicide re violent conduct iro section ...

HMA51-17 : STATE vs HARDLIFE GADZAI
Ruled By: MAFUSIRE J and MAWADZE J

23 October 2017 Procedural Law-viz criminal review.Sentencing-viz sentencing approach re suspending a portion of prison sentences.Domestic Violence-viz section 3(1)(a) of the Domestic Violence ...

HMA49-19 : THE STATE vs TAMBAOGA DOVI
Ruled By: MAWADZE J and WAMAMBO J

17 October 2019 Procedural Law-viz criminal review.Sentencing-viz youthful offenders.Sentencing-viz first offenders.Theft-viz section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Circumstantial ...

HMA48-19 : PROSPER CHITANGA vs THE STATE
Ruled By: MAWADZE J and WAMAMBO J

16 and 23 October 2019 Procedural Law-viz criminal appeal.Fraud-viz section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz fraud.Fraud-viz the doctrine of ...

HMA45-19 : THE STATE vs THOMPSON MACHINGURA
Ruled By: MAWADZE J and ASSESSORS: NISH and GWERU

26th, 27th September and 11 October 2019 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re circumstantial evidence ...

HMA42-17 : ANESU MHARAPARA vs THE STATE [2]
Ruled By: MAWADZE J and MAFUSIRE J

7 June 2017 and 11 August 2017 Sexual Offences-viz having sexual intercourse with a young person re section 70 of the Criminal Law (Codification and Reform) Act ...

HMA39-18 : THE STATE vs CATHERINE MURAKATA and MAVIS MURAKATA
Ruled By: MAWADZE J and MAFUSIRE J

24 July 2018 Procedural Law-viz criminal review.Procedural Law-viz case authorities re the doctrine of stare decisis iro courts of similar jurisdiction.Procedural Law-viz procedure ...

HMA38-18 : THE STATE vs LIBERTY MUTEKURE
Ruled By: MAWADZE J and ASSESSORS: CHIKUKWA and GWERU

23 July 2018 Indictment-viz plea of guilty re limited plea iro the Statement of Agreed Facts.Charge-viz guilty plea re limited plea iro statement ...

HMA37-17 : THE STATE vs TAFIREI RUNESU
Ruled By: MAFUSIRE J and ASSESSORS: MUTOMBA and DHAURAMANZI

19 and 20 June 2017 and 14 July 2017 Murder-viz defences re the defence of self-defence.Defences-viz murder re the defence of self.Indictment-viz alteration of charges.Charge-viz amendment of charges.Indictment-viz amendment ...

HMA33-18 : THE STATE vs LUCKSON MADUNGA
Ruled By: MAWADZE J and ASSESSORS: MUSHUKU and DAURAMANZI

26, 27 March; 11 June and 29 June 2018 Indictment-viz multiple accused persons re separate trials.Charge-viz jointly accused persons re separation of trials.Murder-viz section 47 of the Criminal Law ...

HMA33-17 : AUBREY CUMMINGS vs THE STATE
Ruled By: MAFUSIRE J

27 June 2017 and 4 July 2017 Bail-viz bail pending appeal re rape.Sexual Offences-viz rape.Sentencing-viz rape re the accused in loco parentis.Procedural Law-viz rules of evidence re ...

HMA32-18 : THE STATE vs NORMAN MAHACHI
Ruled By: MAWADZE J and ASSESSORS: CHADEMANA and DAURAMANZI

25 June 2018 Indictment-viz permissible verdicts.Charge-viz permissible verdicts.Indictment-viz plea of guilty re limited plea iro ths Statement of Agreed Facts.Charge-viz guilty plea re ...

HMA32-17 : THE STATE vs GODKNOWS MUKWENA
Ruled By: MAWADZE J and MAFUSIRE J

30 June 2017 Procedural Law-viz criminal review re review jurisdiction iro section 29(4) of the High Court Act [Chapter 7:06].Sentencing-viz stock theft.Sentencing-viz sentencing ...

HMA29-18 : THE STATE vs WIKLOVE VURAYAI and MUNYARADZI VURAYAI
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and NISH

14, 15, 17 May and 15 June 2018 Murder-viz section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Indictment-viz multiple accused persons re separate trials.Charges-viz multiple ...

HMA29-17 : THE STATE vs TOBIAS MANZVENGARUFU and TADIUS SHERENI
Ruled By: MAWADZE J and ASSESSORS: MUSHUKU and DAURAMANZI

6 June 2017 Procedural Law-viz rules of evidence re onus iro burden of proof.Procedural Law-viz rules of evidence re onus iro standard of ...

HMA28-18 : THE STATE vs TINASHE MHIRIPIRI
Ruled By: MAWADZE J and ASSESSORS: CHIKUKWA and DAURAMANZI

21 May 2018 Indictment-viz plea of guilty re limited plea iro statement of agreed facts.Charge-viz guilty plea re limited plea iro statement of ...

HMA27-18 : THE STATE vs FREDRICK CHAFADZA
Ruled By: MAFUSIRE J and ASSESSORS: GWERU and MUSHUKU

22 and 30 January 2018; 15 and 29 March 2018; 24 May 2018 Murder-viz infliction of harm on an un-intended victim.Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz ...

HMA26-17 : ANESU MHARAPARA vs THE STATE
Ruled By: MAFUSIRE J

21 March 2017 and 2 June 2017 Bail-viz bail appeal.Bail-viz bail pending appeal.Sexual Offences-viz having sexual intercourse with a young person re section 70(1)(a) of the Criminal ...

HMA25-18 : STATE vs STEADY BIMHA
Ruled By: MAFUSIRE J and TAGU J

10 April 2018 Procedural Law-viz criminal review.Sexual Offences-viz rape.Sexual Offences-viz extra-marital sexual intercourse with a young person re section 70 of the Criminal ...

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