Masvingo High Court - 2019 October

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4 judgments

Citation	Judgment date
October 2019
S v Chitanga (CA 55 of 2019; HMA 48 of 2019; REF CRB CH 23 of 2019) [2019] ZWMSVHC 48 (23 October 2019) Appeal dismissed: circumstantial and accomplice evidence supported co‑perpetrator fraud conviction and custodial sentence. Criminal law – fraud (s 136) – circumstantial evidence – R v Blom principles – accomplice evidence – doctrine of common purpose / co‑perpetrator liability (s 196A) – sentence: custodial term vs community service; restitution.	23 October 2019
S v Dovi (CRB CHATS 154 of 2019; HMA 49 of 2019) [2019] ZWMSVHC 49 (17 October 2019) Court reduced custody and ordered community service for a youthful first offender after finding sentencing misdirection. Criminal law – Theft – Sentencing – Youthful first offender attending school – Failure to inquire mitigating factors and alternatives to imprisonment – Misdirection on sentence – Substitution with suspended terms and community service – Remittal for inquiry and computation of time served.	17 October 2019
Triangle Ltd & Anor v Zimbabwe Sugar Milling Industry Workers Union (ZSMIWU) (HC 347 of 2019; HMA 47 of 2019) [2019] ZWMSVHC 47 (16 October 2019) Court ordered employers to deposit disputed trade union dues with the Master of the High Court pending appeal to protect funds. Labour law – trade union dues – urgent interim relief – deposit into Master of the High Court Trust Account – intra-union factional disputes – preservation of funds pending appeal.	16 October 2019
S v Machingura (CRB 32 of 2019; HMA 45 of 2019) [2019] ZWMSVHC 45 (11 October 2019) Whether the accused’s disproportionate, sustained assault was lawful self‑defence or amounted to murder with constructive intent. Criminal law – Murder with constructive intent (s 47(1)(b)) – Self‑defence (s 253) – excessive and disproportionate force – use of lethal weapon – post‑mortem evidence establishing cause of death.	11 October 2019