THE STATE v GUTHRIE CHICHETU

Key Issues

• {"issue_text":"Whether the accused had the intention to kill the deceased when he stabbed him, or whether he is guilty of culpable homicide","issue_type":"mixed","dispositive":"yes","related_facts":"The manner of stabbing, use of a dangerous weapon, timing of the attack, accused's actions after the stabbing, accused's claim of intoxication"}
• {"issue_text":"Whether the defences of provocation and intoxication are available to the accused","issue_type":"law","dispositive":"yes","related_facts":"Accused's claim that he was provoked by the broken glass and was intoxicated"}
• {"issue_text":"Whether the State was required to specify in the charge whether it was proceeding under section 47(1)(a) or 47(1)(b) of the Criminal Law Code","issue_type":"procedural","dispositive":"no","related_facts":"The charge sheet stated \"with intent to kill\" but did not specify the subsection"}

Background