THE STATE v JISINAWU MATHEW TAURAI

HMT 82-19

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Case Details

Court

Mutare High Court

Date

9 October 2019

Citation

HMT 82-19

Neutral Citation

[2019] ZWHMT 82

Outcome

unknown

Case Type

Trial

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderDomestic ViolenceIntoxicationConstructive IntentionCulpable Homicide

Key Issues

{"issue_text":"Whether the accused unlawfully and intentionally killed the deceased","issue_type":"mixed","dispositive":"yes","related_facts":"The assault, the injuries, the death, the accused's intoxication claim"}
{"issue_text":"Whether intoxication can be a defence to murder in these circumstances","issue_type":"law","dispositive":"yes","related_facts":"The accused's alcohol consumption and claimed lack of control"}
{"issue_text":"Whether the accused had the requisite intention for murder (dolus directus or dolus eventualis)","issue_type":"law","dispositive":"yes","related_facts":"The manner of assault, the severity of injuries, the accused's conduct before, during, and after the assault"}

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Facts of the Case

Background

The accused, a husband, assaulted his wife with a stick after a dispute over grazed crops, causing severe injuries that led to her death the following day. The accused claimed he was intoxicated and lacked intention, but the court found he had legal intention and was guilty of murder.

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