THE STATE v JOSEPH JEKISENI

HH 429/23

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Case Details

Court

Harare High Court

Date

1 June 2023

Citation

HH 429/23

Neutral Citation

[2023] ZWHH 429

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUREMBA J

Full Bench

MUREMBA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCulpable HomicideSelf-DefenceDefence of PropertyWarning ShotsWarned and Cautioned Statement

Key Issues

{"issue_text":"Was the killing of the deceased justified by the defences of self-defence and/or defence of property?","issue_type":"law","dispositive":"yes","related_facts":"The accused's claim of being surrounded by armed men; the location of the gunshot wound on the deceased's back; the accused's inconsistent statements."}
{"issue_text":"If the defences are not available, what is the appropriate conviction (murder or culpable homicide)?","issue_type":"law","dispositive":"yes","related_facts":"The accused's state of mind (intent vs. negligence); the circumstances of the shooting (firing at sounds in the dark)."}

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background

Facts of the Case

Background

The accused, a security guard at a gold mine, shot and killed an intruder (the deceased) during a nighttime invasion of the mine. The accused claimed he acted in self-defence and defence of property, alleging he was surrounded and threatened by armed intruders. The court found the accused's trial testimony to be a fabrication, relying instead on his warned and cautioned statement and other witness evidence, which indicated the deceased was shot in the back while fleeing or hiding. The accused was convicted of culpable homicide.

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