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Case Details
Court
Harare High Court
Date
16 March 2018
Citation
HH 819-18
Neutral Citation
[2018] ZWHH 819
Outcome
unknown
Case Type
Trial
Bench
Presiding
FOROMA J
Full Bench
FOROMA J
Areas of Law
Criminal LawCriminal ProcedureTrafficking in Persons Act
Keywords
TraffickingChild SalePolice TrapRitual PurposesConspiracy
Tags
Trafficking in PersonsConspiracy to Commit MurderCriminal Law
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Trafficking in Persons Act
- Trafficking in Persons Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the State proved beyond reasonable doubt that the accused conspired to commit murder","issue_type":"fact","dispositive":"yes","related_facts":"Agreement with Obert Juru, discussions with police about killing child"}
- {"issue_text":"Whether the accused committed trafficking in persons as charged in the alternative","issue_type":"law","dispositive":"yes","related_facts":"Sale of child for money, agreement with undercover police, acceptance of payment"}
- {"issue_text":"Whether special circumstances exist to mitigate the sentence","issue_type":"fact","dispositive":"yes","related_facts":"Pre-trial incarceration, remorse, family circumstances"}
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background
Facts of the Case
Background
The accused was charged with conspiracy to commit murder for allegedly agreeing with Obert Juru to kill his daughter Makanaka for ritual purposes, and alternatively with trafficking in persons. The State's evidence showed that the accused intended to sell his daughter for money, having been trapped by police who posed as buyers. The court found no agreement to murder but found the accused guilty of trafficking.
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