THE STATE v NKAZIMULO NKOMO

HB 129/22

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Case Details

Court

Bulawayo High Court

Date

16 May 2022

Citation

HB 129/22

Neutral Citation

[2022] ZWHB 129

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kabasa J

Full Bench

Kabasa JMr. P. Damba (Assessor)Mr. J. Sobantu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCulpable HomicideIntentionNegligenceAssaultIntoxicationDomestic Violence

Key Issues

{"issue_text":"Whether the accused had the requisite intention to commit murder or was guilty of culpable homicide","issue_type":"mixed","dispositive":"yes","related_facts":"The assault with a knobkerrie, the accused's intoxication, the nature of injuries, the accused's state of mind"}
{"issue_text":"Whether intoxication provides a defence to the charge","issue_type":"law","dispositive":"no","related_facts":"The accused consumed alcohol before the assault"}

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background

Facts of the Case

Background

The accused arrived home intoxicated and discovered ZAR 200 missing from his wallet. He ordered his two sons, aged 13 and 11, to lie down and assaulted them with a knobkerrie. The 13-year-old deceased subsequently died from subarachnoid hemorrhage and cranial trauma. The accused claimed he intended only to discipline the children and had no intention to kill.

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