Masvingo High Court - 2022 July

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4 judgments

Citation	Judgment date
July 2022
S v Pedzisai (60 of 2022) [2022] ZWMSVHC 60 (28 July 2022) Accused convicted of murder with constructive intent for fatally striking elderly man with a metal bar stool; sentenced to 15 years. Criminal law – Murder with constructive intent – evidentiary assessment of medical and eyewitness testimony – blunt force head injury by metal bar stool – credibility and sentencing discretion under s.47(3)(b).	28 July 2022
Radhu v Radhu (nee Chiwara) (59 of 2022) [2022] ZWMSVHC 59 (27 July 2022) Court applied presumption of equal ownership of jointly registered property, apportioned assets 60/40 and awarded shop to plaintiff. Divorce; division of matrimonial property; presumption of equal ownership of jointly registered property; consideration of financial and non-financial contributions under s7(4) Matrimonial Causes Act; commercial goodwill of business property; maintenance and custody; buyout and valuation procedure for apportioned property.	27 July 2022
S v Mashingaidze (58 of 2022) [2022] ZWMSVHC 58 (25 July 2022) Appeal against rape conviction dismissed; identification evidence and parade upheld, sentence reduced for youthful first offender. Criminal law — Rape — Visual identification and mistaken identity — Properly conducted identification parade — Credibility of witnesses — Sentence reduction for youthful first offender.	25 July 2022
S v Shlambela (57 of 2022) [2022] ZWMSVHC 57 (21 July 2022) Culpable homicide for negligent excessive force in response to assault; effective two-year imprisonment imposed. Criminal law – Culpable homicide (negligent causing of death) – Excessive self-defence – Role of victim's aggression in mitigation – Sentencing: mitigation (first offender, dependants, pre-trial incarceration) versus deterrence.	21 July 2022