THE STATE v PHILLIMON NDIWENI

HB 103-19

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Case Details

Court

Bulawayo High Court

Date

21 June 2019

Citation

HB 103-19

Neutral Citation

[2019] ZWHB 103

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderSelf DefenceConstructive IntentAssault with AxeDisparity in Evidence

Key Issues

{"issue_text":"Whether the accused acted in self defence when he struck the deceased with an axe","issue_type":"law","dispositive":"yes","related_facts":"Accused's inconsistent versions of events; deceased's defensive posture; deceased unarmed at time of fatal blow"}
{"issue_text":"Whether the accused had the requisite intent for murder","issue_type":"law","dispositive":"yes","related_facts":"Accused struck deceased on head and ribs with axe; brutal assault; foreseeability of death"}
{"issue_text":"What sentence is appropriate for the accused","issue_type":"law","dispositive":"yes","related_facts":"Accused's age (63); first offender; remorse; pre-trial incarceration of 2 ½ years; deceased was aggressor"}

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background

Facts of the Case

Background

The accused was charged with murder for assaulting the deceased with an axe on 12 February 2017. The altercation began when the deceased objected to the accused fetching firewood near his homestead. The accused claimed self defence, but his versions of events were inconsistent. The court found that at the time of the assault, the deceased was unarmed and defensive, and the accused acted in retaliation rather than self defence.

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