THE STATE v PRINCE NDEBELE

HB 103/21

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Case Details

Court

Bulawayo High Court

Date

28 May 2021

Citation

HB 103/21

Neutral Citation

[2021] ZWHB 103

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE JMr P. Damba (Assessor)Mr J. Sobantu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

Common PurposeMens ReaActus ReusWithdrawalSocius Criminis

Key Issues

{"issue_text":"Whether the accused is guilty of murder or culpable homicide under the doctrine of common purpose.","issue_type":"mixed","dispositive":"yes","related_facts":"The accused's participation in the initial assault and his presence during the fatal assault."}
{"issue_text":"Whether the accused successfully dissociated himself from the fatal assault.","issue_type":"fact","dispositive":"yes","related_facts":"The accused's claim of withdrawal versus the witness's testimony of the dying declaration."}

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background

Facts of the Case

Background

The accused, aged 20, admitted to slapping the deceased, a 77-year-old man, during an altercation. He claimed he dissociated himself from a subsequent fatal assault by his co-accused, who is still at large. The court found the accused participated in the initial attack and was present during the fatal assault, making him liable under the doctrine of common purpose.

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