THE STATE v TINASHE KARONGA

HH 604-17

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Case Details

Court

Harare High Court

Date

5 September 2017

Citation

HH 604-17

Neutral Citation

[2017] ZWHH 604

Outcome

unknown

Case Type

Trial

Bench

Presiding

TSANGA J

Full Bench

TSANGA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

dolus eventualisself-defencerecklessnessforeseeabilityculpable homicide

Key Issues

{"issue_text":"Whether the accused acted in self-defence when he threw the stone at the deceased","issue_type":"law","dispositive":"yes","related_facts":"The accused's claim of being attacked by the deceased and others; the deceased running towards the fighting pair"}
{"issue_text":"Whether the accused had the necessary mens rea for murder (dolus eventualis)","issue_type":"law","dispositive":"yes","related_facts":"The accused's foresight of the possibility of death; his reconciliation with that possibility"}
{"issue_text":"Whether the accused's actions constituted culpable homicide rather than murder","issue_type":"law","dispositive":"yes","related_facts":"The degree of negligence; the use of a 3.7kg stone; the lack of clear intent to kill"}

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Facts of the Case

Background

The accused threw a stone weighing 3.7kg at the deceased during a group altercation, striking him on the head. The deceased died two days later from head injuries. The accused claimed self-defence, alleging the deceased and others had attacked him. The court found the accused initiated the physical fight and that there was no imminent attack from the deceased to justify the use of deadly force.

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