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Citation
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Judgment date
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| February 2022 |
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Accused's discharge denied: prosecution proved a prima facie murder case requiring accused's explanation.
Criminal law – discharge at close of prosecution – prima facie case – causation/link to death – circumstantial and eyewitness evidence – necessity of accused’s evidence.
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22 February 2022 |
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Applicant failed to prove the pack shed was on his land or that the lease was improperly obtained; application dismissed.
Leases of farm infrastructure – cancellation – locus to challenge lease – burden of proof on applicant to show pack shed lies within gazetted land – administrative allocation by Lands Department – inapplicability of Acquisition of Farm Equipment or Material Act to packaging shed.
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14 February 2022 |
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Juvenile convicted of murder; mental disorder did not negate responsibility but diminished responsibility led to a non‑custodial sentence.
Criminal law – murder (s 47) – mental disorder and criminal capacity (s 227) – diminished responsibility (s 218) as mitigation – juvenile offender sentencing – PTSD and clinical depression as factors reducing moral blameworthiness.
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11 February 2022 |
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Adult received an immediate custodial sentence for a fatal gang assault; juvenile participant treated as a special category and given a wholly suspended sentence.
Criminal law – s49 Criminal Law (Codification and Reform) Act – death from gang assault; sentencing – aggravating factors (gang assault, concealment of body, degree of negligence) and mitigating factors (guilty plea, first‑offender, cooperation); juvenile offender treated as special category – suspended sentence.
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8 February 2022 |
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Court confirmed attachment of respondent’s vehicles to found jurisdiction, imposing ten-day deadline to file the main damages claim.
Civil procedure — Attachment to found/confirm jurisdiction — Requirements: cause of action arising in forum, claim sound in money, property within jurisdiction and attachable, ownership/beneficial interest — Onus on applicant — Ex parte attachments — Time limit for instituting main action.
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7 February 2022 |
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Provocation reduced the charge to culpable homicide; effective sentence of eight years imprisonment imposed.
Criminal law – Culpable homicide – Provocation and loss of self-control (s 239(1)) – Aggravating conduct (use of lethal weapon, concealment, flight) – Mitigation (first offender, guilty plea, family responsibilities, remand time) – Sentence balancing.
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7 February 2022 |
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Provocation reduced potential murder to culpable homicide; accused sentenced to an effective eight years' imprisonment.
:[
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7 February 2022 |
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Effective five‑year imprisonment for culpable homicide of elderly father; guilty plea mitigated but deterrent sentence imposed.
Criminal law – Culpable homicide – Sentence – Aggravating factors: elderly vulnerable victim, familial relationship, use of weapons and severe force – Mitigation: guilty plea, remorse, first offender status, pre‑trial custody – Deterrence and protection of life.
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3 February 2022 |
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Failure to give the sixty days' notice under s196(1) of the Customs and Excise Act bars suit against ZIMRA.
Customs & Excise Act s196(1) — sixty days' notice of action — peremptory requirement — ZIMRA as agent of the State — non-compliance fatal — no judicial condonation.
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2 February 2022 |