State v Tendai Kanyongo and Lovemore Pawandiwa

HH 87/2013

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Case Details

Court

Harare High Court

Date

27 March 2013

Citation

HH 87/2013

Neutral Citation

[2013] ZWHH 87

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Criminal lawHomicide

Keywords

murderassaultcommon purposejoint enterprisefatal assault

Key Issues

{"issue_text":"Whether the two accused persons are guilty of murder","issue_type":"mixed","dispositive":"yes","related_facts":"The accused persons joined in assaulting the deceased; The fatal blow was delivered by Koshiwayi"}
{"issue_text":"Whether there was common purpose or joint enterprise between the accused and Koshiwayi","issue_type":"law","dispositive":"yes","related_facts":"The accused joined in assault in solidarity with Koshiwayi; No prior agreement to kill"}
{"issue_text":"Whether the actions of the accused persons amounted to assault rather than murder","issue_type":"mixed","dispositive":"yes","related_facts":"Accused one kicked and stamped the deceased; Accused two throttled the deceased"}

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Facts of the Case

Background

Two accused persons were charged with murder after allegedly assaulting and killing a 28-year-old school teacher at a bottle store in Mutoko on 31 July 2010. The deceased died from severe head injuries after being kicked and stamped on by the accused persons and their companion Koshiwayi.

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