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Bulawayo High Court
THE STATE v KHOLISANI JABULANI NYONI
HB 151/19
Case Details
Court
Bulawayo High Court
Date
30 September 2019
Citation
HB 151/19
Neutral Citation
[2019] ZWHB 151
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE JMrs A. Moyo (Assessor)Mr Mashingaidze (Assessor)
Areas of Law
Criminal LawCriminal Procedure
Keywords
MurderOkapi knifeStab woundsIntoxication defenceProvocationDolus directus
Tags
MurderIntoxicationProvocationActual Intent
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the accused committed murder with actual intent","issue_type":"mixed","dispositive":"yes","related_facts":"Nature and number of stab wounds, accused's state of mind, intoxication"}
- {"issue_text":"Whether intoxication defence under section 221 of the Criminal Code is available","issue_type":"law","dispositive":"yes","related_facts":"Accused consumed substantial quantities of alcohol and dagga"}
- {"issue_text":"Whether provocation defence under section 239 of the Criminal Code is available","issue_type":"law","dispositive":"yes","related_facts":"Deceased insulted accused's mother and pushed him"}
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background
Facts of the Case
Background
On 25 September 2017 at Nubobs 27 Mine, Mphoengs, the accused stabbed the deceased eleven times with an Okapi knife following a misunderstanding. The deceased died from his injuries on 27 September 2017. The accused claimed he was intoxicated and provoked, but the court found him guilty of murder with actual intent.
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