Zivanai Kurarama v The State

HH 275/13

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Case Details

Court

Harare High Court

Date

15 May 2013

Citation

HH 275/13

Neutral Citation

[2013] ZWHH 275

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mavangira J

Full Bench

Mavangira JHungwe J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Culpable HomicideNegligenceSelf-defenceReasonable person testAssault with firearm

Key Issues

{"issue_text":"Whether the trial court properly applied the objective test for negligence under section 16 of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"yes","related_facts":"The trial court's assessment of whether the appellant's conduct was blameworthy"}
{"issue_text":"Whether the plea of self-defence was rebutted by the State's evidence","issue_type":"law","dispositive":"yes","related_facts":"The circumstances of the fight and the appellant's claim of being attacked"}
{"issue_text":"Whether the evidence proved negligence beyond reasonable doubt","issue_type":"law","dispositive":"yes","related_facts":"The totality of circumstances surrounding the assault"}

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Facts of the Case

Background

The appellant was convicted of culpable homicide for assaulting the deceased with a firearm during a fight, causing the deceased's death. The appellant claimed self-defence, alleging the deceased was the aggressor. The High Court found the trial court failed to properly apply the objective test for negligence and the self-defence plea was not rebutted.

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