The State v Fortune Makombe

HB 41/22

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Case Details

Court

Bulawayo High Court

Date

2 February 2022

Citation

HB 41/22

Neutral Citation

[2022] ZWHB 41

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kabasa J

Full Bench

Kabasa JMrs C.J Baye (Assessor)Mrs L. Sithole (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderIntentIntoxicationWarned and Cautioned StatementPost MortemAssault

Key Issues

{"issue_text":"Whether the accused is guilty of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act.","issue_type":"mixed","dispositive":"yes","related_facts":"The accused's act of throwing bricks, the resulting death, and his intent."}
{"issue_text":"Whether the accused acted in self-defence or under duress.","issue_type":"fact","dispositive":"yes","related_facts":"The accused's claim that he threw bricks to intimidate attackers."}
{"issue_text":"Whether the accused had the requisite intent for murder.","issue_type":"law","dispositive":"yes","related_facts":"The nature of the injuries and the accused's state of mind."}

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background

Facts of the Case

Background

On 18 May 2019, the accused, angered by the closure of a bottle store and a rude response from the deceased regarding a theft report, threw bricks at the deceased and another person. The bricks struck the deceased on the head, causing fatal injuries including subarachnoid haemorrhage and multiple skull fractures. The accused claimed he threw the bricks randomly to intimidate them as they were attacking him, but the court found his version improbable and false.

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