THE STATE v GORDEN MHLANGA

HMT 22-19

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Case Details

Court

Mutare High Court

Date

14 March 2019

Citation

HMT 22-19

Neutral Citation

[2019] ZWHMT 22

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUZENDA J

Full Bench

MUZENDA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderActual IntentMacheteDomestic ViolenceChild Victim

Key Issues

{"issue_text":"Whether the accused caused the death of the deceased with actual or constructive intention","issue_type":"mixed","dispositive":"yes","related_facts":"The accused struck Tendai Sithole with a machete while she carried the deceased; the deceased died from the blow"}
{"issue_text":"Whether the accused's claim of self-defense is valid","issue_type":"law","dispositive":"yes","related_facts":"Accused claimed he was assaulted by the Sithole family and used the machete to defend himself"}
{"issue_text":"Whether the accused should be convicted of culpable homicide instead of murder","issue_type":"law","dispositive":"yes","related_facts":"Defense argued for culpable homicide; State argued for murder with actual intent"}

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background

Facts of the Case

Background

The accused, Gorden Mhlanga, attacked his wife Tendai Sithole and her family with a machete at night. While striking at his wife, who was carrying their seventeen-month-old daughter Anzilla on her back, the accused struck the child on the head, causing fatal injuries. The accused claimed he acted in self-defense and lacked intent to kill the child.

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