THE STATE v THOMPSON MACHINGURA

HMA 45/19

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Case Details

Court

Masvingo High Court

Date

11 October 2019

Citation

HMA 45/19

Neutral Citation

None

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAWADZE J

Full Bench

MAWADZE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderConstructive IntentSelf-DefenceAssaultPost Mortem

Key Issues

{"issue_text":"Whether the accused acted in self-defence when he killed the deceased","issue_type":"law","dispositive":"yes","related_facts":"Accused's claim of unlawful attack; his admission of striking in anger; concession that life was not in danger"}
{"issue_text":"Whether the accused is guilty of murder with constructive intent under s 47(1)(b) of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"yes\n### ARGUMENTS SECTION","related_facts":"Nature of injuries; use of lethal weapon; accused's conduct"}

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background

Facts of the Case

Background

The accused, Thompson Machingura, killed his sibling after a dispute over maize sold by the deceased. The accused admitted inflicting fatal injuries with a hoe but claimed self-defence. The court found the defence of self-defence unmeritorious and convicted the accused of murder with constructive intent.

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