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Supreme Court

Doubt Mathe v The State

SC 66/24

Case Details

Court
Supreme Court
Date
11 July 2024
Citation
SC 66/24
Neutral Citation
[2024] ZWSC 66
Outcome
unknown
Case Type
Appeal

Bench

Presiding
UCHENA JA
Author
CHITAKUNYE JA
Full Bench
UCHENA JACHITAKUNYE JAKUDYA JA
Areas of Law
Criminal lawConstitutional lawEvidence
Keywords
murderdeath penaltyrobberyalibi defenceautrefois acquitaggravating circumstancesdouble jeopardy
Tags
murderdeath sentenceautrefois acquitalibiaggravating circumstances
legislation
Statutes Cited
  • Constitution of Zimbabwe
  • Criminal Law Codification and Reform Act
  • Criminal Law Codification and Reform Act
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo correctly interpreted the Supreme Court remittal order","issue_type":"procedural","dispositive":"no","related_facts":"Supreme Court order of 27 November 2017"}
  • {"issue_text":"Whether autrefois acquit applied where appellant was acquitted of robbery but convicted of murder","issue_type":"constitutional","dispositive":"yes","related_facts":"Acquittal on robbery charge, conviction on murder charge"}
  • {"issue_text":"Whether the alibi defence should have been upheld","issue_type":"factual","dispositive":"yes","related_facts":"Appellant's claim of being elsewhere buying peanuts"}
  • {"issue_text":"Whether the death sentence was proper given the aggravating circumstances","issue_type":"law","dispositive":"yes","related_facts":"Murder committed during robbery and unlawful entry"}
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background
Facts of the Case

Background

The appellant was convicted of murder and sentenced to death for killing a security guard during a robbery. He appealed on grounds including autrefois acquit (having been acquitted of robbery), alibi defence, and that the death sentence was improper.
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