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Harare High Court

The State v Esther Mapisa

HH 146-13

Case Details

Court
Harare High Court
Date
10 May 2013
Citation
HH 146-13
Neutral Citation
[2013] ZWHH 146
Outcome
unknown
Case Type
Trial

Bench

Presiding
Musakwa J
Full Bench
Musakwa J
Areas of Law
Criminal lawSelf-defenceMarital rape
Keywords
termite poisonforced marriagebattered woman syndromeunlawful attack
Tags
murderpoisoningmarital rapeforced marriageself-defence
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • “imminent” requires temporal proximity; past attacks plus speculative future danger insufficient.
  • “necessary” and “could not otherwise escape” oblige accused to exhaust reasonable non-violent alternatives before lethal force.
  • “when he or she did or omitted to do the thing, the unlawful attack had commenced or was imminent…”
  • “his or her conduct was necessary to avert the unlawful attack and he or she could not otherwise escape…”
  • “the means he or she used to avert the unlawful attack were reasonable in all the circumstances…”
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the accused acted in self-defence when she poisoned the deceased","issue_type":"law","dispositive":"yes","related_facts":"Accused claimed she was preventing further rape"}
  • {"issue_text":"Whether the accused intended to kill the deceased","issue_type":"mixed","dispositive":"no","related_facts":"Accused claimed she only wanted to inflict pain"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The accused, Esther Mapisa, poisoned her husband George Nyambe by lacing his food with termite killer poison on 9 May 2011 at Chokufuna Village. The accused claimed she was forced into marriage and had been raped by the deceased, and that she poisoned him to prevent further sexual abuse.
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