THE STATE v MUSAIDA ARISHANDABA NGORIMA

Key Issues

• {"issue_text":"Whether the accused had the requisite intention (actual or legal) to commit murder when he struck the deceased","issue_type":"mixed","dispositive":"yes","related_facts":"Nature of blows, weapon used, location of strikes, accused's statements"}
• {"issue_text":"Whether the defence of provocation is available to the accused","issue_type":"law","dispositive":"yes","related_facts":"Confrontation over witchcraft, alleged attempt by deceased to strike accused, accused's state of mind"}
• {"issue_text":"Whether intoxication constitutes a valid defence","issue_type":"law","dispositive":"yes","related_facts":"Accused consumed alcohol before attack, observed staggering"}
• {"issue_text":"Whether witchcraft provocation can be sustained in these circumstances","issue_type":"law","dispositive":"yes","related_facts":"Accusations of witchcraft, deceased not performing any witchcraft act at time"}

Background