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Zimbabwe decisions
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S v Khumalo (28 of 2024) [2024] ZWBHC 28 (10 January 2024)
The trial court's findings on credibility, common purpose, and aggravating factors were reasonable and supported by evidence; no misdirection occurred in conviction or sentencing, and the appeal lacked merit.
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S v Mudzengi (60 of 2023) [2023] ZWCHHC 44 (20 November 2023)
The only evidence implicating the accused was the extra-curial statement of the co-accused Faison, which is inadmissible against the accused under section 259 of the Criminal Procedure and Evidence Act and does not fall within any exception. No other evidence links the accused to the offences. The State failed to establish a prima facie case against the accused on all counts. The accused is entitled to a discharge at the close of the State case.
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S v Mbambe and Another (144 of 2023) [2023] ZWHHC 144 (9 February 2023)
The conviction for attempted murder was upheld because the evidence established that the appellants, using dangerous weapons and targeting vital parts of the body, intended to kill the complainant. The sentence was found to be excessive given the appellants' lack of sophistication, youthfulness, and the emotive context, warranting a reduction but not substitution with community service.
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S v Donga (185 of 2022) [2022] ZWBHC 185 (7 July 2022)
The applicant failed to demonstrate reasonable prospects of success on appeal as the evidence of identification was credible and corroborated, alleged contradictions were immaterial, and the applicant’s and his witnesses’ testimony was found to be false. There is no rational basis to conclude that another court would reach a different decision.
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S v Moyo (107 of 2022) [2022] ZWBHC 107 (7 April 2022)
Bail pending trial was refused in a Zimbabwe High Court matter involving attempted murder, malicious damage to property, unlawful entry, and assault.
S v Mugari (6 of 2022) [2022] ZWBHC 6 (6 January 2022)
The new facts presented—release of co-accused and absence of a trial date—do not alter the seriousness of the charges, the strength of the State's case, or the risk of absconding. Therefore, the basis for refusing bail remains unchanged.
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S v Manjoro (CRB 89 of 2017; HMA 48 of 2020) [2020] ZWMSVHC 48 (18 September 2020)
The High Court convicted Wonderful Manjoro of murder with constructive intent and attempted murder, relying on eyewitness identification, recovered clothes, and a confession.
S v Bukuta (CA 75 of 2019; HMA 30 of 2020; REF CRB MSVP 17 of 2019) [2020] ZWMSVHC 30 (3 July 2020)
The High Court dismissed an appeal against sentence for attempted murder, holding that imprisonment was justified despite arguments for community service or a fine.
S v Chikerema (CRB R 292 of 2017; HH 317 of 2017) [2017] ZWHHC 317 (19 May 2017)
The conviction for attempted murder was proper as both the mental and physical elements were present; however, the sentence was not in accordance with real and substantial justice given the seriousness of the injuries, lack of remorse, and the need for a meaningful, deterrent, and proportionate punishment.
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S v Chigwada (CRB 180 of 2016; HH 297 of 2017) [2017] ZWHHC 297 (13 April 2017)
The accused, a trained security guard, deliberately shot the deceased and complainant at point blank range in the head and jaw, respectively, with a loaded rifle, showing actual intent to kill. His actions were calculated, not spontaneous or the result of mental disorder, provocation, or intoxication. The State proved beyond reasonable doubt that the accused was guilty of murder with actual intent and attempted murder.
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