State v Energy Baisai alias Energy Chipinda

HMT 6-22

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Case Details

Court

Mutare High Court

Date

2 February 2022

Citation

HMT 6-22

Neutral Citation

[2022] ZWHMT 6

Outcome

unknown

Case Type

Trial

Bench

Presiding

Muzenda J

Full Bench

Muzenda J

Areas of Law

Criminal LawMurder

Keywords

Witchcraft beliefRevenge killingMental stateMens reaPossession

Key Issues

{"issue_text":"Whether accused had mens rea to commit murder","issue_type":"mixed","dispositive":"yes","related_facts":"Accused's admission of intention to kill; use of lethal weapons; brutal nature of attacks"}
{"issue_text":"Whether accused's defence of spiritual possession negates criminal responsibility","issue_type":"law","dispositive":"yes","related_facts":"Accused's claim of father's spirit possession; no medical evidence of mental illness"}

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background

Facts of the Case

Background

The 18-year-old accused brutally murdered three people on 3 December 2020 at Chitsanza Village, claiming he was possessed by his late father's spirit seeking revenge for his parents' alleged witchcraft-related deaths. He used a burning log and stones to crush the victims' heads, killing them instantly.

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