THE STATE v TANAKA SHIRI

HB 229/23

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Case Details

Court

Bulawayo High Court

Date

19 September 2023

Citation

HB 229/23

Neutral Citation

[2023] ZWHB 229

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMrs Baye (Assessor)Mr Matemba (Assessor)

Areas of Law

Criminal LawEvidence

Keywords

MurderCulpable HomicidePoachingSecurity GuardFirearm

Key Issues

{"issue_text":"Whether the accused committed murder or culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"The shooting during a struggle with a trespasser"}
{"issue_text":"What is the appropriate sentence for culpable homicide under these circumstances","issue_type":"law","dispositive":"yes","related_facts":"The accused's status as a first offender, the 7-year delay in prosecution, and the deceased's aggression"}

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background

Facts of the Case

Background

The accused, a security guard, shot and killed a poacher who was trespassing on his employer's farm. The accused denied murder but pleaded guilty to culpable homicide, which the state accepted. The court convicted the accused of culpable homicide and sentenced him to a wholly suspended term of imprisonment.

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