THE STATE v PRIDE MOYO

HB 92-19

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Case Details

Court

Bulawayo High Court

Date

22 May 2019

Citation

HB 92-19

Neutral Citation

[2019] ZWHB 92

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMs C. J Baye (Assessor)Mr A. B Mpofu (Assessor)

Areas of Law

Criminal LawEvidence

Keywords

MurderAxePost MortemSelf DefenceIntoxication

Key Issues

{"issue_text":"Whether the accused acted in self defence when striking the deceased","issue_type":"law","dispositive":"yes","related_facts":"Accused's claim that deceased attacked him with axe; witnesses' testimony that accused struck deceased when no attack was occurring"}
{"issue_text":"Whether the accused had intent to kill or foresaw death as substantially certain","issue_type":"law","dispositive":"yes","related_facts":"Nature of injuries, use of axe on vulnerable body part, excessive force"}
{"issue_text":"What is the appropriate sentence","issue_type":"law","dispositive":"yes","related_facts":"Accused's age, intoxication, time in custody, nature of offence"}

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background

Facts of the Case

Background

On 4 December 2014, at a beer party in Musadza Resettlement Scheme, an altercation occurred between the accused and deceased after beer was spilled. The accused later struck the deceased on the head with an axe, causing fatal injuries. The accused claimed self defence, alleging the deceased attacked him with the axe first.

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