THE STATE v TAWANDA MASIYA

HB 93-19

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Case Details

Court

Bulawayo High Court

Date

27 May 2019

Citation

HB 93-19

Neutral Citation

[2019] ZWHB 93

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMs C. J Baye (Assessor)Mr A. B Mpofu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

assaultiron barpost mortemcervical spine fracturedomestic dispute

Key Issues

{"issue_text":"Whether the accused is guilty of culpable homicide","issue_type":"fact","dispositive":"yes","related_facts":"Assault causing death, acceptance of plea"}
{"issue_text":"What is the appropriate sentence given the 9-year delay in prosecution","issue_type":"mixed","dispositive":"yes","related_facts":"9-year delay, pre-trial incarceration, compensation paid"}

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Facts of the Case

Background

The accused assaulted his wife, the deceased, with clenched fists and an iron bar following a domestic dispute over money used for school uniforms. The deceased died two days later from a cervical spine fracture. The accused pleaded guilty to culpable homicide, and the court considered the 9-year delay in prosecution during sentencing.

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