THE STATE v TINASHE MBEWE and JOSEPH MASIYE

HH 295-17

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Case Details

Court

Harare High Court

Date

12 May 2017

Citation

HH 295-17

Neutral Citation

[2017] ZWHH 295-17

Outcome

unknown

Case Type

Trial

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderOkapi knifeSelf-defenceExcessive forceDolus eventualisPost-mortemAcquittal

Key Issues

{"issue_text":"Whether the first accused is guilty of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act.","issue_type":"law","dispositive":"yes","related_facts":"The stabbing of the deceased by the first accused; the nature of the attack on the first accused."}
{"issue_text":"Whether the first accused acted in self-defence.","issue_type":"law","dispositive":"yes","related_facts":"The first accused's claim of being attacked by a group; his use of a knife."}
{"issue_text":"Whether the first accused had the requisite intention (dolus eventualis) for murder.","issue_type":"law","dispositive":"yes","related_facts":"The weapon used; the part of the body targeted; the force applied."}

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background

Facts of the Case

Background

On 2 November 2015, at Kuwadzana Shopping Centre, Banket, the first accused, Tinashe Mbewe, stabbed the deceased, Perfect Matenda, with an okapi knife under the right armpit, causing his death. The incident followed a misunderstanding and physical altercation between the first accused and a group including the deceased. The first accused claimed he acted in self-defence while being attacked by the deceased and his friends.

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