THE STATE v TINASHE MAZEMO

HH 482-23

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Case Details

Court

Harare High Court

Date

7 July 2023

Citation

HH 482-23

Neutral Citation

[2023] ZWHH 482

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUREMBA J

Full Bench

MUREMBA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderStab woundIntentWarning and cautioned statementPost mortem

Key Issues

{"issue_text":"Whether the accused is guilty of murder as defined in s 47(1)(a) of the Criminal Law (Codification and Reform) Act","issue_type":"mixed","dispositive":"yes","related_facts":"The stabbing, intent, circumstances of the incident"}
{"issue_text":"Whether the stabbing was deliberate or accidental","issue_type":"fact","dispositive":"yes","related_facts":"Nature of wound, witness testimony, accused's statement"}
{"issue_text":"Whether the accused had the requisite intent to cause death","issue_type":"law","dispositive":"yes","related_facts":"Accused's conduct before, during, and after the stabbing"}

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background

Facts of the Case

Background

On 1 July 2022, the accused had a violent dispute with his family over cellphones, causing them to flee to the deceased's residence. The following morning, when family members returned, the accused was armed and violent. The deceased arrived and attempted to intervene, at which point the accused stabbed him in the back with a kitchen knife. The deceased died from the stab wound which pierced his lung. The accused claimed the stabbing was accidental during a struggle, but the court found he deliberately stabbed the deceased as he was trying to flee.

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