Aaron Nyarugwe v Dharwizi Transport (Private) Limited

HH 737-18

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Case Details

Court

Harare High Court

Date

31 December 2018

Citation

HH 737-18

Neutral Citation

[2018] ZWHH 737

Outcome

unknown

Case Type

Trial

Bench

Presiding

TSANGA J

Full Bench

TSANGA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderIntoxicationS 47(1)(b)S 222S 221Culpable Homicide

Key Issues

{"issue_text":"Whether the accused's intoxication negated the requisite intent for murder under s 222 of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"yes","related_facts":"Accused's claim of intoxication from alcohol and dagga"}
{"issue_text":"Whether the accused is guilty of murder or culpable homicide","issue_type":"mixed","dispositive":"yes","related_facts":"Nature of assault, deceased's pleas for mercy, accused's conduct"}

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Facts of the Case

Background

The accused was charged with the murder of Tapiwa Marisa, which occurred on 27 August 2017. The accused and an accomplice went to the deceased's shack at night, severely assaulted him with fists, switches, and booted feet, resulting in his death from severe head injuries. The accused claimed he was intoxicated and lacked the requisite intent for murder.

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