THE STATE v STANFORD DUBE

HB 15-19

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Case Details

Court

Bulawayo High Court

Date

31 January 2019

Citation

HB 15-19

Neutral Citation

[2019] ZWHB 15

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO J

Areas of Law

Criminal LawCriminal ProcedureEvidence Law

Keywords

MurderConfessionWarned and Cautioned StatementPost MortemDomestic Violence

Key Issues

{"issue_text":"Whether the confirmed warned and cautioned statement is admissible and reliable","issue_type":"procedural","dispositive":"yes","related_facts":"Accused's claim that police hurried the statement and he was scared before the magistrate"}
{"issue_text":"Whether the accused stabbed the deceased intentionally or by mistake while fighting a rival suitor","issue_type":"fact","dispositive":"yes","related_facts":"Accused's version of events vs. his confession and post mortem evidence"}
{"issue_text":"Whether the prosecution proved murder with actual intent beyond reasonable doubt","issue_type":"law","dispositive":"yes","related_facts":"Nature of injuries, weapon used, accused's conduct before and after the offence"}

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background

Facts of the Case

Background

The accused was charged with the murder of his former girlfriend, Lubelihle Moyo, whom he stabbed multiple times. The accused initially confessed in a confirmed warned and cautioned statement but later retracted it, claiming he stabbed the deceased by mistake while fighting a rival suitor. The court found the confession credible and the accused's version of events implausible.

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