THE STATE v MAKHOSI NCUBE

HB 253/20

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Case Details

Court

Bulawayo High Court

Date

3 November 2020

Citation

HB 253/20

Neutral Citation

[2020] ZWHB 253

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Culpable HomicideMurderAssaultNegligencePlea of GuiltyPost Mortem

Key Issues

{"issue_text":"Whether the accused's actions constitute murder or culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"Nature of assault, severity of injuries, accused's intent"}
{"issue_text":"What is the appropriate sentence for culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"Personal circumstances of accused, severity of offence, aggravating factors"}

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background

Facts of the Case

Background

The accused and the deceased, who were cousins, arrived home from a party where both had been drinking. A misunderstanding over money sent by the deceased's mother ensued, leading to the deceased assaulting the accused with a cooking stick and broom. The accused retaliated, overpowered the deceased, and assaulted him with the same items, causing the deceased to fall, hit his head, and sustain fatal injuries.

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