THE STATE v TAPIWA TAVAZIVA CHINYAMA

HB 56-19

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Case Details

Court

Bulawayo High Court

Date

31 January 2019

Citation

HB 56-19

Neutral Citation

[2019] ZWHB 56

Outcome

unknown

Case Type

Trial

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA JMr W.T Matemba (Assessor)Mrs L Sithole (Assessor)

Areas of Law

Criminal LawEvidence

Keywords

MurderActual IntentDying DeclarationChild WitnessProvocationDomestic Cohabitation

Key Issues

{"issue_text":"Whether the accused acted with actual intent or realized the real risk of causing death.","issue_type":"fact","dispositive":"yes","related_facts":"Nature of the attack, weapon used, location of blows, accused's state of mind."}
{"issue_text":"Whether the defence of extreme provocation and loss of self-control is valid.","issue_type":"mixed","dispositive":"yes","related_facts":"Events leading up to the attack, accused's claims of infidelity and lies."}

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background

Facts of the Case

Background

The accused and deceased were cohabiting. Following relationship disputes, the accused followed the deceased and her daughter on a path and struck the deceased twice with an axe, causing instant death. The accused claimed provocation due to the deceased's alleged infidelity and lies about her age and HIV status. The court found the accused's version of events improbable and rejected his defence.

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