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Bulawayo High Court

Dumisani Sibanda v The State

HB 183-20

Case Details

Court
Bulawayo High Court
Date
24 July 2020
Citation
HB 183-20
Neutral Citation
[2020] ZWHB 183
Outcome
unknown
Case Type
Application

Bench

Presiding
Mabhikwa J
Full Bench
Mabhikwa JMr O Dewa (Assessor)Mr J Sobantu (Assessor)
Areas of Law
Criminal procedureEvidence
Keywords
discharge at close of state caseprima facie casesection 198(3) Criminal Procedure and Evidence Act
Tags
murderdischarge applicationprima facie case
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the state has established a prima facie case requiring the accused to answer","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence of three state witnesses, eyewitness testimony, post mortem report"}
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background
Facts of the Case

Background

The accused faces a murder charge for allegedly striking the deceased with a pick at an illegal gold mining site. The state led evidence from three witnesses including two eyewitnesses who saw the accused strike the deceased. The accused applied for discharge at the close of the state case.
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