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Zimbabwe decisions
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S v Sande (597 of 2024) [2024] ZWHHC 597 (12 December 2024)
On automatic review, the High Court set aside convictions for driving without a licence and culpable homicide, finding multiple misdirections and ordering a retrial.
S v Marira (534 of 2024) [2024] ZWHHC 534 (19 November 2024)
The High Court convicted Memory Marira of murder after finding she intentionally struck her husband with a heavy bottle and rejected provocation and self-defence.
S v Nyagadzi (533 of 2024) [2024] ZWHHC 533 (7 November 2024)
The accused is not guilty of murder but guilty of culpable homicide as he acted negligently without intent to kill, in circumstances where the deceased was the aggressor and the accused was intoxicated. The mitigatory factors outweigh aggravation, justifying a custodial sentence of 4 years imprisonment with 2 years suspended for 5 years on condition of good behaviour.
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S v Gomba (546 of 2024) [2024] ZWHHC 546 (21 October 2024)
The High Court found that Rachel Gomba acted in self-defence against an unlawful attack, but used unreasonable means, so the murder charge was reduced to culpable homicide.
S v Masauki and 2 Others (338 of 2024) [2024] ZWHHC 338 (2 August 2024)
The accused exceeded reasonable force in subduing the deceased, making them guilty of assault. The third accused was under imminent attack and his use of the axe was necessary and reasonable in the circumstances, justifying self-defence and acquittal on murder, but he is guilty of assault for excessive force.
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S v Muhwati and Another (255 of 2024) [2024] ZWHHC 255 (18 June 2024)
The accuseds were convicted of culpable homicide, not murder, as there was no intent to kill but negligence in their actions. Mitigating factors, including youth, remorse, restitution, provocation, and pretrial detention, justified a reduced sentence from the presumptive five years imprisonment.
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S v Rupiya (254 of 2024) [2024] ZWHHC 254 (18 June 2024)
The High Court convicted Zvisineyi Rupiya of culpable homicide after a fatal assault during a dispute sparked by gossip, and imposed an effective two-year prison term.
S v Rupiya (232 of 2024) [2024] ZWHHC 232 (6 June 2024)
The accused did not have the intention to kill the deceased but acted negligently and with excessive force, resulting in the deceased's death. The prosecution and defense agreed on the facts, and the court found the accused guilty of culpable homicide, not murder.
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S v Muhwati and Another (231 of 2024) [2024] ZWHHC 231 (5 June 2024)
The High Court of Zimbabwe accepted pleas to culpable homicide, acquitting the two accused of murder after finding they negligently caused the deceased’s death.
S v Mazuva (48 of 2024) [2024] ZWCHHC 48 (5 June 2024)
The High Court convicted the accused of culpable homicide after a nightclub assault and imposed six years’ imprisonment, with one year suspended.
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