THE STATE v TALENT NYAMOMBE

HH 627-22

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Case Details

Court

Harare High Court

Date

18 June 2022

Citation

HH 627-22

Neutral Citation

[2022] ZWHH 627

Outcome

unknown

Case Type

Trial

Bench

Presiding

FOROMA J

Full Bench

FOROMA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderStrangulationPartial HangingAsphyxiaPost-mortemDefence of Suicide

Key Issues

{"issue_text":"Whether the deceased voluntarily remained in the accused's bar or was prevented from leaving by the accused.","issue_type":"fact","dispositive":"yes","related_facts":"Testimony of Nomsa Besa and Fradreck Muzoriwa regarding the accused preventing the deceased from leaving; accused's claim that deceased requested to stay."}
{"issue_text":"Whether the deceased damaged the accused's bar furniture on the day in question.","issue_type":"fact","dispositive":"yes","related_facts":"Testimony of witnesses regarding damage; accused's denial; accused's warned and cautioned statement."}
{"issue_text":"Who caused the death of the deceased.","issue_type":"fact","dispositive":"yes","related_facts":"Pathologist's findings; accused's defence of suicide; witness testimony."}

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background

Facts of the Case

Background

The accused, operator of Gute Bar, was charged with murdering Benjamin Chandimhara by strangulation with a shoe lace. The accused claimed the deceased committed suicide after being allowed to sleep in the bar for protection. The court found the accused prevented the deceased from leaving the bar due to damaged furniture and subsequently killed him, rejecting the suicide defence based on forensic evidence and witness testimony.

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