THE STATE v SHINGIRIRAI CHIPANGA

HB 27/24

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Case Details

Court

Bulawayo High Court

Date

22 January 2024

Citation

HB 27/24

Neutral Citation

[2024] ZWHB 27

Outcome

unknown

Case Type

Trial

Bench

Presiding

KABASA J

Full Bench

KABASA JMrs C Baye (Assessor)Mr E. Shumba (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCulpable HomicidePlea of GuiltyProvocationSentencing

Key Issues

{"issue_text":"Whether the accused intended to cause the deceased's death","issue_type":"fact","dispositive":"yes","related_facts":"The accused's actions of striking with a chisel and head-butting"}
{"issue_text":"Whether the accused was negligent in causing the death","issue_type":"law","dispositive":"yes","related_facts":"The accused's failure to exercise self-restraint and use of lethal force"}
{"issue_text":"What is the appropriate sentence","issue_type":"law","dispositive":"yes","related_facts":"The accused's youthfulness, plea of guilty, provocation, time served, and the viciousness of the assault"}

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background

Facts of the Case

Background

On 8 August 2021, the accused and the deceased had a misunderstanding at Chinyati Gold Mine. The deceased charged at the accused, who then picked a chisel and struck the deceased twice on the head, and head-butted him three times. The deceased died from his injuries on 14 August 2021.

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