THE STATE v PHATHISANI MAPHOSA

HB 58.20

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Case Details

Court

Bulawayo High Court

Date

9 March 2020

Citation

HB 58.20

Neutral Citation

[2020] ZWHB 58

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMr A Ndlovu (Assessor)Mr N Ndubiwa (Assessor)

Areas of Law

Criminal LawEvidence

Keywords

okapi knifelethal weaponself-defenceprovocation

Key Issues

{"issue_text":"Whether the accused is guilty of murder or culpable homicide","issue_type":"mixed","dispositive":"yes","related_facts":"The accused stabbed the deceased once in the chest with an okapi knife after being assaulted multiple times with a log"}
{"issue_text":"What is the appropriate sentence for culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"The accused is a first offender, was provoked, used a lethal weapon, and attempted to avoid violence"}

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background

Facts of the Case

Background

On 21 September 2019, the accused and deceased were drinking at a bottle store when the deceased insulted and assaulted the accused with a log. After being struck multiple times, the accused stabbed the deceased once in the chest with an okapi knife, causing his death. The accused pleaded guilty to culpable homicide.

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