THE STATE v THULANI PROFICIENT MSIPHA

HB 148/19

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Case Details

Court

Bulawayo High Court

Date

27 September 2019

Citation

HB 148/19

Neutral Citation

[2019] ZWHB 148

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE JMr J. Sobantu (Assessor)Mrs A. Moyo (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderRobberyTaxi DriverOkapi KnifeCircumstantial EvidenceRecent PossessionConstructive Intent

Key Issues

{"issue_text":"Whether the accused murdered the deceased with actual intent","issue_type":"fact","dispositive":"yes","related_facts":"All facts linking accused to murder"}
{"issue_text":"Whether the accused is guilty of murder with constructive intent","issue_type":"law","dispositive":"yes","related_facts":"Accused's intention to rob and foresight of possible death"}
{"issue_text":"Whether circumstantial evidence proves guilt beyond reasonable doubt","issue_type":"mixed","dispositive":"yes","related_facts":"Phone evidence, modus operandi, recent possession"}
{"issue_text":"Whether the doctrine of recent possession applies","issue_type":"law","dispositive":"yes","related_facts":"Accused's possession of deceased's phone"}

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background

Facts of the Case

Background

On 4 July 2018, a taxi driver went missing in Bulawayo after being hired by an unknown person. His body was discovered on 22 July 2018 with stab wounds. The accused was linked to the murder through a Nokia mobile phone that he had given to another taxi driver, Wishes Tsanyau, whom he robbed two days later using the same modus operandi.

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