THE STATE v MORGAN NSINGO

HB 52/22

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Case Details

Court

Bulawayo High Court

Date

26 January 2022

Citation

HB 52/22

Neutral Citation

[2022] ZWHB 52

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kabasa J

Full Bench

Kabasa JMrs C. J. Baye (Assessor)Mrs L. Sithole (Assessor)

Areas of Law

Criminal LawCriminal Procedure and Evidence

Keywords

MurderConfessionWarning and Caution StatementDying DeclarationPost MortemOkapi KnifeMens ReaSentence

Key Issues

{"issue_text":"Whether the accused is guilty of murder as defined in s47(1)(a) of the Criminal Law Code","issue_type":"fact","dispositive":"yes","related_facts":"Stabbing, intent, causation"}
{"issue_text":"Whether the warned and cautioned statement is admissible in evidence","issue_type":"procedural","dispositive":"no","related_facts":"Statement was recorded, signed, and challenged on grounds of duress and improper procedure"}
{"issue_text":"Whether the state proved mens rea for murder beyond reasonable doubt","issue_type":"law","dispositive":"yes","related_facts":"Accused's conduct, words uttered, nature of wound"}

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background

Facts of the Case

Background

On 2 May 2017, the accused and deceased had a misunderstanding at a bottle store. The following morning, the accused went to the deceased's homestead and stabbed him in the chest with an Okapi knife. The deceased died from his injuries. The accused was arrested and gave a detailed warned and cautioned statement admitting to the stabbing.

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