THE STATE v TENDAI TIGERE GONDO

HB 226/23

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Case Details

Court

Bulawayo High Court

Date

27 October 2023

Citation

HB 226/23

Neutral Citation

[2023] ZWHB 226

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kabasa J

Full Bench

Kabasa JMr P. Damba (Assessor)Mr O. Dewa (Assessor)

Areas of Law

Criminal LawMotor Vehicle Law

Keywords

MurderCulpable HomicideIntentionNegligenceRoad Traffic Accident

Key Issues

{"issue_text":"Whether the accused intended to kill the deceased (murder).","issue_type":"law","dispositive":"yes","related_facts":"Accused's actions of increasing speed while deceased was holding the door; accused's claim of no intent to kill."}
{"issue_text":"Whether the accused negligently caused the deceased's death (culpable homicide).","issue_type":"law","dispositive":"yes","related_facts":"Accused's failure to stop despite foreseeing risk; reasonable man standard."}

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background

Facts of the Case

Background

The accused, in a Toyota Hino truck, reversed out of his yard after a misunderstanding with his wife, the deceased, over US$310. The deceased ran after the truck, grabbed the passenger door handle, and fell after the accused increased speed. The accused's rear left wheel ran over her, causing her death from polytrauma. The accused claimed he did not intend to kill her and was trying to avoid an altercation.

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