THE STATE v CASPER MANYANJA

HH 185-13

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Case Details

Court

Harare High Court

Date

11 June 2013

Citation

HH 185-13

Neutral Citation

[2013] ZWHH 185

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Criminal LawConstitutional Law

Keywords

culpable homicideself defenceprovocationexcessive forcerapeHIV infection

Key Issues

{"issue_text":"Whether the accused's actions constituted culpable homicide despite claiming self-defence","issue_type":"law","dispositive":"yes","related_facts":"Accused continued attacking deceased after subduing and tying him to a tree"}
{"issue_text":"What is the appropriate sentence considering the accused's plea and mitigating circumstances","issue_type":"law","dispositive":"yes","related_facts":"Deceased's provocation through rape, HIV infection, and violent attack"}

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background

Facts of the Case

Background

The deceased raped the accused's wife and infected her with HIV, which was also transmitted to the accused and their newborn baby. After the accused successfully sued the deceased in the headman's court for damages, the deceased repeatedly threatened and attacked the accused to recover the cattle he was ordered to pay. On 11 September 2011, the deceased attacked the accused at his home, leading to a physical altercation where the accused subdued and tied the deceased to a tree but continued to attack him, causing his death.

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