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Harare High Court

STATE versus JAMES ACKIM and LAMECK ACKIM

HH 143-18

Case Details

Court
Harare High Court
Date
2018
Citation
HH 143-18
Neutral Citation
[2018] ZWHH 143
Outcome
unknown
Case Type
Trial

Bench

Presiding
KUDYA J
Full Bench
KUDYA J
Areas of Law
Criminal lawEvidence lawConstitutional law
Keywords
Murder with actual intentConfessionsTortureExtenuating circumstancesDeath penaltyConstitutional provisions
Tags
MurderCriminal trialConfessionsTorture allegationsExtenuating circumstances
legislation
Statutes Cited
  • Criminal Procedure and Evidence Act
  • Sixth Schedule to the Constitution
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the confessions were made freely and voluntarily without undue influence","issue_type":"law","dispositive":"yes","related_facts":"Allegations of torture, bridge technique, confirmed statements"}
  • {"issue_text":"Whether the pointing out evidence was admissible under Section 258(2) of the Criminal Procedure and Evidence Act","issue_type":"law","dispositive":"yes","related_facts":"Confessions deemed inadmissible, pointing out of crime scene"}
  • {"issue_text":"Whether the accused persons committed the murder with actual intent","issue_type":"mixed","dispositive":"yes","related_facts":"Circumstantial evidence, pointing out, recovered items"}
  • {"issue_text":"Whether extenuating circumstances existed to avoid the death penalty","issue_type":"mixed","dispositive":"yes","related_facts":"Intoxication, pre-trial punishment, family circumstances"}
  • {"issue_text":"Whether the constitutional provisions regarding death penalty applied to this case","issue_type":"constitutional","dispositive":"yes","related_facts":"Plea date, effective date of Constitution, mandatory death sentence"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Two brothers, James and Lameck Ackim, were charged with the murder of Jokonia Choga Muunganirwa on 31 January 2010. The deceased was an undercover agent investigating aluminum pipe thefts who went to collect a repaired pot from the accused persons' homestead and disappeared. The accused persons were arrested, allegedly tortured, and made confessions that led to the discovery of the deceased's remains at Chemhanza Hill. The court found the confessions inadmissible due to torture but accepted the pointing out evidence under Section 258(2) of the Criminal Procedure and Evidence Act.
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