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Harare High Court
THE STATE v LOVEMORE MASAUKI, NAISON MASAUKI and ELLIN JOE
HH 338 - 24
Case Details
Court
Harare High Court
Date
2 August 2024
Citation
HH 338 - 24
Neutral Citation
[2024] ZWHH 338
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUREMBA J
Full Bench
MUREMBA J
Areas of Law
Criminal LawCriminal Procedure
Keywords
MurderAssaultSelf-defenceCulpable homicideInternal bleedingPenetrating abdominal trauma
Tags
MurderAssaultSelf-defenceArtisanal mining
legislation
Statutes Cited
- Criminal Law Code
- Criminal Law Code
- Criminal Law Code
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first and second accused are guilty of murder","issue_type":"law","dispositive":"yes","related_facts":"They were not present when the fatal injury was inflicted"}
- {"issue_text":"Whether the third accused is guilty of murder","issue_type":"law","dispositive":"yes","related_facts":"He struck the deceased with an axe in self-defence"}
- {"issue_text":"Whether the accused persons are guilty of assault","issue_type":"law","dispositive":"yes","related_facts":"They assaulted the deceased at the business centre"}
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background
Facts of the Case
Background
The accused persons, artisanal miners, confronted the deceased who had stolen their money. A scuffle ensued at a business centre where they assaulted him. The deceased fled to a nearby homestead where the third accused struck him with an axe, causing fatal internal bleeding. The first and second accused were unaware of the axe attack.
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