THE STATE v JOYCE TAVARWISA

HMA 05-17

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Case Details

Court

Masvingo High Court

Date

10 February 2017

Citation

HMA 05-17

Neutral Citation

None

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAWADZE J

Full Bench

MAWADZE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

murder chargenewborn babystrangulationhaemorrhagic shocks 198(3) Criminal Procedure and Evidence Act

Key Issues

{"issue_text":"Whether there was sufficient evidence at the close of the State case to require the accused to present a defence regarding the charge of murder.","issue_type":"procedural","dispositive":"yes","related_facts":"Medical evidence showing cause of death was haemorrhagic shock, not strangulation."}

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background

Facts of the Case

Background

The accused, a 53-year-old woman, was charged with murdering her newborn grandchild by strangulation on 7 December 2013. The State alleged she intentionally strangled the baby while wrapping it and buried it in a hole. However, medical evidence from the post-mortem showed the cause of death was haemorrhagic shock from bleeding from the placenta due to the umbilical cord not being cut, not strangulation.

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