THE STATE v KUDAKWASHE JAMES

HH 421-21

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Case Details

Court

Harare High Court

Date

2 June 2021

Citation

HH 421-21

Neutral Citation

[2021] ZWHH 421

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUNANGATI-MANONGWA J

Full Bench

MUNANGATI-MANONGWA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCulpable HomicideNegotiated PleaMitigationAggravationCustodial Sentence

Key Issues

{"issue_text":"What is the appropriate sentence for culpable homicide given the circumstances of the case?","issue_type":"law","dispositive":"yes","related_facts":"Nature of dispute, degree of negligence, accused's personal circumstances, remorse shown"}

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background

Facts of the Case

Background

The accused and deceased were neighbours with a long-standing dispute over field boundaries. After the deceased cut firewood from a disputed boundary, the accused and an accomplice retrieved it. When the deceased and his father enquired, an altercation ensued where the accomplice assaulted the deceased with a shovel. The accused then stabbed the incapacitated deceased once on the left thigh with a kitchen knife, causing his death from severe hemorrhage.

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