THE STATE v KHOLISANI MYATHI And NKOSIKHONA SIBANDA

HB 138/22

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Case Details

Court

Bulawayo High Court

Date

20 May 2022

Citation

HB 138/22

Neutral Citation

[2022] ZWHB 138

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA JMr Dewa (Assessor)Mr Mashingaidze (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderRobberyCommon PurposeConfessionRecent PossessionPost-mortem

Key Issues

{"issue_text":"Whether the State proved beyond a reasonable doubt that the accused persons caused the death of Elvis Dube (Count 1).","issue_type":"fact","dispositive":"yes","related_facts":"Recent possession of the stolen Hisense cell phone; falsity of accused's alibi."}
{"issue_text":"Whether the State proved beyond a reasonable doubt that the accused persons caused the death of Joseph Mawa Moyo (Count 2).","issue_type":"law","dispositive":"yes","related_facts":"Admissibility and weight of confessions; corroboration by post-mortem and witness evidence."}
{"issue_text":"Whether the confessions were made freely and voluntarily.","issue_type":"procedural","dispositive":"yes","related_facts":"Consent to tender statements; evidence of recording officer."}

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background

Facts of the Case

Background

The two accused persons were charged with two counts of murder. In count 1, they were alleged to have killed Elvis Dube on the night of 22-23 April 2021 and robbed him of his Hisense cell phone. In count 2, they were alleged to have killed Joseph Mawa Moyo on 13 May 2021 and robbed him of a Techno cell phone. The State's case relied on recent possession of the stolen phone in count 1 and confessions in count 2.

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