THE STATE v GODFREY MACHINGURA

HB 267/20

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Case Details

Court

Bulawayo High Court

Date

1 October 2020

Citation

HB 267/20

Neutral Citation

[2020] ZWHB 267

Outcome

unknown

Case Type

Trial

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA JMs C J Baye (Assessor)Mr A.B Mpofu (Assessor)

Areas of Law

Criminal LawConstitutional Law

Keywords

MurderCulpable HomicideProvocationDomestic ViolencePrivacy of CommunicationStrangulation

Key Issues

{"issue_text":"Whether the accused intended to kill the deceased (dolus directus or dolus eventualis)","issue_type":"fact","dispositive":"yes","related_facts":"The accused's conduct during the fight and his admission of negligence"}
{"issue_text":"Whether the accused is guilty of murder or culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"The nature of the assault and the cause of death"}
{"issue_text":"What is the appropriate sentence for culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"The accused's age, family circumstances, pre-trial incarceration, remorse, and cultural appeasement"}

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background

Facts of the Case

Background

The accused and his wife, the deceased, quarreled over a text message on the deceased's phone, which the accused suspected indicated infidelity. During a subsequent fight, the accused assaulted the deceased and strangled her, causing her death by asphyxia. The accused admitted to negligent conduct but denied intent to kill.

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