THE STATE v NSIKALUBI MUDENDA

HB 63/21

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Case Details

Court

Bulawayo High Court

Date

19 March 2021

Citation

HB 63/21

Neutral Citation

[2021] ZWHB 63

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE JMr J Ndubiwa (Assessor)Mr J.L.M. Zulu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

Machete AttackTheft of MangoesConfessionPost MortemConstructive Intent

Key Issues

{"issue_text":"Whether the accused acted in self-defence when he killed the deceased.","issue_type":"law","dispositive":"yes","related_facts":"Accused claimed deceased attacked him with an axe; deceased struck accused with a stick; accused used machete."}
{"issue_text":"Whether the accused had the requisite intent for murder (dolus eventualis).","issue_type":"law","dispositive":"yes","related_facts":"Nature of weapon used; number and location of blows; accused's actions after the attack."}
{"issue_text":"Whether the accused's defence regarding the deceased being armed with an axe is credible.","issue_type":"fact","dispositive":"yes","related_facts":"Lack of mention of axe in initial statements; absence of axe at scene; witness testimony."}

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background

Facts of the Case

Background

On 31 October 2019, the accused was found eating mangoes from a tree at the homestead of the deceased, Johnson Nkomo. The deceased, aged 71, confronted the accused and struck him on the legs with a stick. The accused then armed himself with a machete and struck the deceased on the hands and head several times, causing his death. The accused fled the scene and was later apprehended.

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