State v Witness Paradzai Garikai and 5 Ors

HMT 42-20

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Case Details

Court

Mutare High Court

Date

12 June 2020

Citation

HMT 42-20

Neutral Citation

[2020] ZWHMT 42

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUZENDA J

Full Bench

MUZENDA J

Areas of Law

Criminal LawCommon Purpose Doctrine

Keywords

MurderCommon PurposeStabbingWater GlassGroup Attack

Key Issues

{"issue_text":"Whether all six accused are guilty of murder based on common purpose doctrine","issue_type":"mixed","dispositive":"yes","related_facts":"All accused present at scene, first accused inflicted fatal wound, others associated with common design"}
{"issue_text":"Whether first accused acted in self-defence","issue_type":"factual","dispositive":"no","related_facts":"First accused claimed he was assaulted by car occupants"}

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background

Facts of the Case

Background

On 25 December 2018 at Constance, Chitungwiza, Nyahukwe Road, Rusape, six accused persons formed a human barrier blocking the deceased's motor vehicle. When the deceased disembarked to enquire about their conduct, the first accused stabbed him with a broken water glass on the neck, causing fatal injuries. All six accused were found guilty of murder based on the doctrine of common purpose.

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