THE STATE v TINASHE ZIMANYIWA

HB 26-19

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Case Details

Court

Bulawayo High Court

Date

8 February 2019

Citation

HB 26-19

Neutral Citation

[2019] ZWHB 26

Outcome

unknown

Case Type

Trial

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA J

Areas of Law

Criminal LawEvidence

Keywords

MurderConstructive IntentRecklessnessCulpable HomicidePost MortemWarned and Cautioned Statement

Key Issues

{"issue_text":"Whether the accused is guilty of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"yes","related_facts":"The accused struck the deceased with a stick causing fatal injuries"}
{"issue_text":"Whether the defences of intoxication, provocation, and self-defence are available to the accused","issue_type":"law","dispositive":"yes","related_facts":"The accused claimed he was intoxicated, provoked, and acting in self-defence"}
{"issue_text":"Whether the accused had actual intent or constructive intent to kill","issue_type":"law","dispositive":"yes","related_facts":"The accused used a stick to strike the deceased on the head multiple times"}

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background

Facts of the Case

Background

The accused, aged 23, followed the deceased from a business centre and attacked him with a stick, causing fatal head injuries. The accused claimed intoxication, provocation, and self-defence, but these defences were rejected by the court.

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