THE STATE v GIFT TAILO and FARAI FUKIZA

HB 126/22

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Case Details

Court

Bulawayo High Court

Date

12 May 2022

Citation

HB 126/22

Neutral Citation

[2022] ZWHB 126

Outcome

unknown

Case Type

Trial

Bench

Presiding

KABASA J

Full Bench

KABASA JMr. P. Damba (Assessor)Mr. J. Sobantu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderAssaultPostmortemSelf-defenceVengeanceCulpable Homicide

Key Issues

{"issue_text":"Whether the accused are guilty of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act.","issue_type":"law","dispositive":"yes","related_facts":"The accused's assault on the deceased, the nature of injuries, and the accused's intent."}
{"issue_text":"Whether the accused have a valid defence of self-defence.","issue_type":"law","dispositive":"yes","related_facts":"The accused's claim that they feared being robbed."}
{"issue_text":"Whether the accused should be convicted of culpable homicide instead of murder.","issue_type":"law","dispositive":"yes","related_facts":"The accused's lack of specific intent to kill and the circumstances of the assault."}

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background

Facts of the Case

Background

On 23 December 2020, the two accused assaulted the deceased with various weapons, including stones, a shovel, and a metal pipe, believing he was involved in a robbery at their home. They took the injured deceased to the police, falsely claiming he was a victim of a traffic accident. The deceased died from his injuries later that night.

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