THE STATE v KENIAS KWANGWARI

HMA 19-18

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Case Details

Court

Masvingo High Court

Date

2 March 2018

Citation

HMA 19-18

Neutral Citation

[2018] ZWHMA 19

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAWADZE J

Full Bench

MAWADZE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Murder with actual intentProvocationDomestic violenceCulpable homicideSection 47(1)(a) Criminal Law (Codification and Reform) Act

Key Issues

{"issue_text":"Whether the accused had the requisite intent to kill the deceased","issue_type":"fact","dispositive":"yes","related_facts":"Nature of assault, weapons used, injuries inflicted"}
{"issue_text":"Whether the partial defence of provocation is available to the accused","issue_type":"law","dispositive":"yes","related_facts":"Deceased's insults, history of domestic disputes, accused's alleged loss of self-control"}
{"issue_text":"Whether the provocation was sufficient to make a reasonable person in the accused's position lose self-control","issue_type":"law","dispositive":"yes","related_facts":"Nature of insults, cumulative effect of disputes, accused's response"}

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background

Facts of the Case

Background

The accused and the deceased were cohabiting in a troubled relationship marked by constant domestic disputes. On 8 July 2017, following a confrontation where the deceased insulted the accused about his partial blindness and ordered him to leave her residence, the accused fatally assaulted her with a wooden ram and an axe handle. The accused raised the partial defence of provocation, which the court rejected.

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