THE STATE v TENDAI TOGARA

HH 13-17

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Case Details

Court

Harare High Court

Date

1 January 2017

Citation

HH 13-17

Neutral Citation

[2017] ZWHH 13

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderOkapi knifeDiminished responsibilityProvocationDomestic dispute

Key Issues

{"issue_text":"Whether the accused had the requisite intention (mens rea) for murder under section 47(1)(b) of the Criminal Law (Codification and Reform) Act","issue_type":"mixed","dispositive":"yes","related_facts":"The accused's actions of slitting the throat four times, his state of mind, provocation, and diminished responsibility"}
{"issue_text":"Whether diminished responsibility due to emotional stress provides a complete defense or is only a mitigating factor","issue_type":"law","dispositive":"yes","related_facts":"The accused's emotional state, provocation by deceased, and previous altercations"}
{"issue_text":"Whether self-defense is available to the accused","issue_type":"procedural","dispositive":"no","related_facts":"Accused's claim he was attacked first"}

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background

Facts of the Case

Background

The accused, an airforce member, stabbed and slit the throat of his former partner Martha Dondo four times with an okapi knife at her quarters at Suri Suri airforce base in Chegutu on 24 July 2015. The accused admitted the killing but claimed he acted under emotional stress and diminished responsibility due to provocation by the deceased, who taunted him about her alleged affairs with superiors and denied him access to their child.

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