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Case Details
Court
Supreme Court
Date
27 March 2020
Citation
[2020] ZWSC 59
Judgment No.
SC 59/20
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GARWE JA
Full Bench
GARWE JABHUNU JAMAKONI JA
Areas of Law
Criminal LawConstitutional LawSentencing
Keywords
murder with actual intentdeath penaltyextenuating circumstances2013 Constitutionsection 48(2)
Tags
murderdeath penaltyconstitutional lawsentencing
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act No. 1/2013
- Constitution of Zimbabwe Amendment (No. 20) Act No. 1/2013
- Criminal Procedure and Evidence Act [Chapter 9:07]
- Criminal Procedure and Evidence Amendment Act No. 2/2016
- General Laws Amendment Act No. 3/2016
- Criminal Law (Codification and Reform) Act [Chapter 9:23]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the conviction for murder with actual intent was proper","issue_type":"law","dispositive":"no","related_facts":"Appellant conceded conviction was proper"}
- {"issue_text":"Whether the death sentence imposed was valid under the 2013 Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Sentence imposed before enactment of required law under s 48(2)"}
- {"issue_text":"Whether matter should be remitted for resentencing","issue_type":"procedural","dispositive":"no","related_facts":"Both parties agreed remittal was appropriate"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The appellant, a 21-year-old herd boy, murdered two co-workers by striking them with a hoe handle and knobkerrie on the head, then dumped their bodies in a septic tank and stole their property including wages they had just collected from Bulawayo.
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