THE STATE v WIKLOVE VURAYAI and MUNYARADZI VURAYAI

HMA 29-18

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Case Details

Court

Masvingo High Court

Date

15 June 2018

Citation

HMA 29-18

Neutral Citation

[2018] ZWHMA 29

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAWADZE J

Full Bench

MAWADZE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderAssault with Iron BarsCommon PurposeSelf-Defence (Rejected)Post-Mortem Evidence

Key Issues

{"issue_text":"Whether the accused persons caused the death of the deceased persons with intent to kill or real risk of causing death.","issue_type":"mixed","dispositive":"yes","related_facts":"Nature of assault, weapons used, injuries sustained, witness testimony."}
{"issue_text":"Whether the accused persons' defences of being victims of an attack and lack of knowledge of the events are credible.","issue_type":"fact","dispositive":"yes","related_facts":"Testimony of eye witnesses vs accused versions."}
{"issue_text":"Whether the accused persons acted in common purpose.","issue_type":"law","dispositive":"yes","related_facts":"Nature of joint attack, taking turns in assault."}

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background

Facts of the Case

Background

On 10 March 2016, both accused persons, along with accomplices, were at Shashe business centre where they engaged in altercations with patrons. The accused persons allegedly assaulted two deceased persons, Saul Kani and Pauro Stanslas Masimura, with iron bars and booted feet, causing fatal head injuries. The accused claimed they were victims of an attack and that the deceased were injured by others.

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