THE STATE v ZITHELO NDLOVU

HB 96/22

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Case Details

Court

Bulawayo High Court

Date

9 March 2022

Citation

HB 96/22

Neutral Citation

[2022] ZWHB 96

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA JMr T.E Ndlovu (Assessor)Mr S.L Bazwi (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

Culpable HomicideMurderSelf-DefenseExcessive ForceAssaultShovel

Key Issues

{"issue_text":"Whether the accused's conduct constitutes murder or culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"Deceased slapped accused; accused struck deceased with shovel; death resulted"}
{"issue_text":"Whether the State's concession to accept a plea to culpable homicide was properly made","issue_type":"law","dispositive":"yes","related_facts":"All facts as agreed"}
{"issue_text":"What is the appropriate sentence for culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"Accused's age (22), first offender, 5 weeks pre-trial custody, circumstances of offense"}

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background

Facts of the Case

Background

On 4 December 2020, the accused struck the deceased once on the head with a shovel after the deceased slapped him. The deceased died from the injuries. The accused pleaded guilty to culpable homicide, arguing he used excessive force in response to an assault.

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