THE STATE v NKULULEKO MABHENA

HB 20/24

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Case Details

Court

Bulawayo High Court

Date

31 January 2024

Citation

HB 20/24

Neutral Citation

[2024] ZWHB 20

Outcome

unknown

Case Type

Trial

Bench

Presiding

KABASA J

Full Bench

KABASA JMrs C Baye (Assessor)Mr E. Shumba (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCulpable HomicideSelf-DefencePrivate DefenceReasonable ForceProportionality

Key Issues

{"issue_text":"Whether the accused acted in self-defence","issue_type":"law","dispositive":"yes","related_facts":"The deceased slapped the accused and threatened him with an axe handle"}
{"issue_text":"Whether the force used by the accused was reasonable and proportionate","issue_type":"law","dispositive":"yes","related_facts":"The nature and severity of the stab wound"}
{"issue_text":"Whether the accused should be convicted of murder or culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"The accused's intent and the circumstances of the killing"}

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background

Facts of the Case

Background

The accused and the deceased, who were brothers, had a dispute over relish. The deceased slapped the accused and threatened him with an axe handle. The accused stabbed the deceased in the chest with a knife, causing his death. The accused then moved the body using a wheelbarrow and dumped it by the roadside.

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