THE STATE v MARK PATRICK SHAW

HCC16/23

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Case Details

Court

Chinhoyi High Court

Date

1 May 2023

Citation

HCC16/23

Neutral Citation

None

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

murderculpable homicideexcessive forcefirearmresisting arrest

Key Issues

{"issue_text":"Whether the accused had the requisite intention to cause the death of the deceased (murder).","issue_type":"law","dispositive":"yes","related_facts":"The accused's state of mind; the circumstances of the shooting; the accused's testimony that he intended to arrest, not kill."}
{"issue_text":"Whether the accused can be found guilty of culpable homicide.","issue_type":"law","dispositive":"yes","related_facts":"The use of force; compliance with s47 of the CPEA; whether the force used was reasonable and proportionate."}

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background

Facts of the Case

Background

The accused, a former police officer and security company operator, shot and killed a suspect, Edmore Phiri, who was fleeing after a robbery. The accused claimed he intended to effect an arrest and lacked intent to kill. The court found that while there was no intent for murder, the accused used excessive force and was guilty of culpable homicide.

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