THE STATE v MIZILAMU MASEKO

HMT 39/19

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Case Details

Court

Mutare High Court

Date

5 June 2019

Citation

HMT 39/19

Neutral Citation

[2019] ZWHMT 39/19

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUZENDA J

Full Bench

MUZENDA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderAssault with intentSelf-defencePost-mortem evidenceWarned and cautioned statement

Key Issues

{"issue_text":"Whether the accused acted in lawful self-defence when he assaulted the deceased","issue_type":"law","dispositive":"yes","related_facts":"Accused's claim of being attacked by deceased with soil; accused's version of fighting; absence of injuries on accused"}
{"issue_text":"Whether the accused had the requisite intent (dolus eventualis) for murder","issue_type":"law","dispositive":"yes","related_facts":"Nature of assault; accused's admission of indiscriminate blows; post-mortem findings"}
{"issue_text":"Whether the accused's version of events is credible and probable","issue_type":"fact","dispositive":"yes","related_facts":"Inconsistencies between warned statement, indications, and trial evidence; absence of injuries on accused; wife's testimony"}

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background

Facts of the Case

Background

The accused assaulted the deceased with sticks after allegedly finding him stealing dagga from his garden. The deceased sustained fatal head injuries and died days later. The accused claimed self-defence, but the court found his version improbable and inconsistent with medical evidence and his own extra-curial statements.

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