THE STATE v RELIANCE SIBANDA

HB 115/19

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Case Details

Court

Bulawayo High Court

Date

8 July 2019

Citation

HB 115/19

Neutral Citation

[2019] ZWHB 115

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE JMr T E Ndlovu (Assessor)Mr J Sobantu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderSelf DefenceIntoxicationProvocationCulpable Homicide

Key Issues

{"issue_text":"Whether the accused acted in self defence when he struck the deceased","issue_type":"law","dispositive":"yes","related_facts":"Accused's claim of being insulted and chased with an axe; absence of witnesses to alleged insults; accused's flight from scene"}
{"issue_text":"Whether the accused's defence of intoxication and provocation is valid","issue_type":"law","dispositive":"no","related_facts":"Level of intoxication of accused; alleged provocation; conduct before and after the assault"}
{"issue_text":"Whether the state proved murder with constructive intent beyond reasonable doubt","issue_type":"law","dispositive":"yes","related_facts":"All evidence regarding the assault and circumstances"}

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background

Facts of the Case

Background

On 14 January 2019, the accused and deceased were at a beer drink after a day of fencing work. The accused struck the deceased on the head with a log, causing his death. The accused claimed self defence, alleging the deceased insulted him and chased him with an axe, but the court found his version false and convicted him of murder with constructive intent.

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