THE STATE v MXOLISI NKOMO

HB 174/21

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Case Details

Court

Bulawayo High Court

Date

21 September 2021

Citation

HB 174/21

Neutral Citation

[2021] ZWHB 174

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE JMr J. Sobantu (Assessor)Mr Mashingayidze (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

StrangulationHyoid bone fractureCitizen's arrestPost mortem reportYouthful offender

Key Issues

{"issue_text":"Whether the accused intended to cause the death of the deceased or acted negligently","issue_type":"mixed","dispositive":"yes","related_facts":"The manner of strangulation, the fractured hyoid bone, the accused's actions before and after the assault"}
{"issue_text":"Whether the accused is guilty of murder in aggravating circumstances","issue_type":"law","dispositive":"yes","related_facts":"The commission of murder during a robbery, the age of the victim (82 years), the use of violence"}
{"issue_text":"Whether the accused is guilty of robbery as charged","issue_type":"law","dispositive":"yes","related_facts":"The accused's admission to theft, the use of violence and threats during the entry and theft"}

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background

Facts of the Case

Background

On 9 October 2019, the accused and two accomplices entered the homestead of Polite Nkomo in Madlambuzi with the intent to steal money. The accused strangled the 82-year-old deceased, Maina Moyo, causing her death by mechanical asphyxia. The accused and his accomplices stole R300 and clothing. The accused was apprehended by villagers tracking shoe prints and was found wearing clothes belonging to the deceased's nephew.

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