THE STATE v NKOSIKHONA NGWENYA

HB 122/21

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Case Details

Court

Bulawayo High Court

Date

9 June 2021

Citation

HB 122/21

Neutral Citation

[2021] ZWHB 122

Outcome

unknown

Case Type

Trial

Bench

Presiding

KABASA J

Full Bench

KABASA JMr. T. Ndlovu (Assessor)Mr. G. Maphosa (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

Okapi knifeDefence of personUnreasonable meansPlea of guiltySentencing

Key Issues

{"issue_text":"Whether the defence of person is available to the accused as a complete defence to murder","issue_type":"law","dispositive":"yes","related_facts":"Deceased attacked accused with knobkerrie, felled him, and was on top of him when stabbed"}
{"issue_text":"Whether the means used by the accused to avert the attack were reasonable","issue_type":"law","dispositive":"yes","related_facts":"Accused used an Okapi knife with 12cm blade to stab deceased in chest"}
{"issue_text":"What is the appropriate sentence for the accused","issue_type":"law","dispositive":"yes","related_facts":"Accused is 19-year-old first offender, pleaded guilty to culpable homicide, deceased was aggressor"}

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background

Facts of the Case

Background

On 9 September 2020, the accused and deceased were returning home from a soccer match when the deceased accused the accused of having an affair with his wife. The deceased attacked the accused with a knobkerrie, felled him, and was on top of him when the accused stabbed him once in the chest with an Okapi knife, causing his death.

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