THE STATE v MAYOR MAGUSVI

HB 265/20

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Case Details

Court

Bulawayo High Court

Date

30 September 2020

Citation

HB 265/20

Neutral Citation

[2020] ZWHB 265

Outcome

unknown

Case Type

Trial

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA JMs C J BayeMr A.B Mpofu

Areas of Law

Criminal LawEvidence

Keywords

MurderActual IntentWitchcraft BeliefProvocationAxe Attack

Key Issues

{"issue_text":"Whether the accused committed murder with actual intent","issue_type":"fact","dispositive":"yes","related_facts":"The nature of the attack, the weapon used, the number of blows"}
{"issue_text":"Whether the defence of provocation due to witchcraft belief is valid","issue_type":"law","dispositive":"yes","related_facts":"The accused's belief in witchcraft, the alleged acts of the deceased"}
{"issue_text":"Whether the accused was mentally disturbed at the time of the offence","issue_type":"fact","dispositive":"yes","related_facts":"Psychological examination by Dr. Mawere"}

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background

Facts of the Case

Background

The accused, a 30-year-old man, believed his father and aunt were bewitching him. On 27 January 2018, he went to his father's homestead armed with an axe and a shovel, and brutally attacked his 78-year-old father, causing instant death. Witnesses testified to the brutal nature of the attack.

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