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Bulawayo High Court

THE STATE v KHOLWANE NKIWANE

HB 202/23

Case Details

Court
Bulawayo High Court
Date
29 September 2023
Citation
HB 202/23
Neutral Citation
[2023] ZWHB 202
Outcome
unknown
Case Type
Trial

Bench

Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA JMr Dewa (Assessor)Mr Ndlovu (Assessor)
Areas of Law
Criminal LawCriminal Procedure
Keywords
MurderOkapi knifeStab woundAdmissionsWarned and cautioned statement
Tags
MurderSelf-defenceProvocationIntoxicationMistake
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 State proved the accused's guilt beyond a reasonable doubt for murder.","issue_type":"fact","dispositive":"yes","related_facts":"The act of stabbing, the intent, the defences raised."}
  • {"issue_text":"Whether the defence of self-defence is available to the accused.","issue_type":"law","dispositive":"yes","related_facts":"The accused's claim that he was attacked by the deceased with a knife."}
  • {"issue_text":"Whether the defence of provocation is available to the accused.","issue_type":"law","dispositive":"yes","related_facts":"The accused's claim that he saw a man leaving the house."}
  • {"issue_text":"Whether the defence of intoxication is available to the accused.","issue_type":"law","dispositive":"yes","related_facts":"The accused's state of intoxication at the time of the offence."}
  • {"issue_text":"Whether the defence of mistake or accident is available to the accused.","issue_type":"law","dispositive":"yes\n### ARGUMENTS SECTION","related_facts":"The accused's claim that the stabbing was a mistake or accident."}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The accused, Kholwane Nkiwane, was charged with the murder of his wife, Bambeni Ndlovu, on 13 November 2021. He stabbed her with an okapi knife to the chest, causing her death from haemorrhagic shock. The accused admitted the act but raised defences of self-defence, provocation, intoxication, and mistake, which the court rejected.
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