State v Prince Dylan Matore and Michael Simbeye

HH 62-18

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Case Details

Court

Harare High Court

Date

19 January 2018

Citation

HH 62-18

Neutral Citation

[2018] ZWHH 62

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUSAKWA J

Full Bench

MUSAKWA J

Areas of Law

Criminal lawCommon purpose doctrineConstructive intent

Keywords

MurderCommon purposeConstructive intentRobberyStabbingVehicle theft

Key Issues

{"issue_text":"Whether there was common purpose between the accused to kill the deceased","issue_type":"law","dispositive":"yes","related_facts":"Planning of robbery, presence at scene, continued association after attack"}
{"issue_text":"Whether the first accused was present at the scene of the crime","issue_type":"fact","dispositive":"yes","related_facts":"Alibi defense, second accused's testimony, indications at crime scene"}
{"issue_text":"Whether the killing fell within the scope of the common purpose","issue_type":"law","dispositive":"yes","related_facts":"Nature of planned robbery, use of violence, foreseeability of death"}

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background

Facts of the Case

Background

On 12 July 2005, deceased Wenceslans Mazvimavi was attacked and stabbed at the gate to his residence in Goromonzi. He died from his injuries. The accused persons were arrested three days later while in possession of the deceased's stolen vehicle. Both accused were found guilty of murder with constructive intent.

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