THE STATE v WELLINGTON SHOKO

HB 84/22

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Case Details

Court

Bulawayo High Court

Date

8 March 2022

Citation

HB 84/22

Neutral Citation

[2022] ZWHB 84

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Culpable HomicideMurderSelf-DefenseProportionalityDomestic DisputeMetal Shock Absorber

Key Issues

{"issue_text":"Whether the accused is guilty of murder or culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"The accused struck the deceased with a metal shock absorber causing death, but claimed self-defense"}
{"issue_text":"Whether the accused's actions were justified under self-defense","issue_type":"law","dispositive":"yes","related_facts":"The accused was struck with a stone before retaliating"}
{"issue_text":"Whether the force used by the accused was proportional to the threat","issue_type":"law","dispositive":"yes","related_facts":"The accused used a 2kg metal shock absorber against an unarmed man"}

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background

Facts of the Case

Background

The accused, aged 29, had a domestic dispute with his wife, which led to a confrontation with his brother-in-law, Evans Ngwenya, and the deceased, his father-in-law. After being struck with a stone by Evans, the accused picked up a metal shock absorber and struck the deceased on the head, causing his death. The accused pleaded guilty to culpable homicide, arguing he was acting in self-defense.

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