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Masvingo High Court
THE STATE v TAWANDA GONO and LEE SHUMBA
HMA 14/17
Case Details
Court
Masvingo High Court
Date
10 March 2017
Citation
HMA 14/17
Neutral Citation
None
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAWADZE J
Full Bench
MAWADZE J
Areas of Law
Criminal LawCriminal Procedure
Keywords
MurderCulpable HomicideSelf-DefenceAssaultCommon PurposeDying Declaration
Tags
MurderCulpable HomicideSelf-DefenceAssault
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the accused persons assaulted the now deceased and inflicted the fatal injuries","issue_type":"fact","dispositive":"yes","related_facts":"Witness testimony, post mortem report, dying declaration"}
- {"issue_text":"Whether the accused persons acted in lawful self-defence or defence of another","issue_type":"law","dispositive":"yes","related_facts":"The accused persons' claim of being attacked with iron bar and knife"}
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background
Facts of the Case
Background
On 1 February 2015, a dispute arose between the accused persons and the now deceased, Emisirayi Chinyengetere, regarding the use of a footpath passing through the deceased's yard. The accused persons allegedly assaulted the deceased with clenched fists and booted feet, causing fatal injuries. The deceased died the following day from head injuries and abdominal haemorrhage.
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