State v Ningisai Wakeni

HH-15-18

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Case Details

Court

Harare High Court

Date

1 November 2017

Citation

HH-15-18

Neutral Citation

[2017] ZWHH 15

Outcome

unknown

Case Type

Trial

Bench

Presiding

HUNGWE J

Full Bench

HUNGWE JMr Raja (Assessor)Mr Chagonda (Assessor)

Areas of Law

Criminal LawDomestic Violence

Keywords

MurderDomestic violenceProvocationPestle assaultHead injury

Key Issues

{"issue_text":"Whether the accused's defence of provocation was valid","issue_type":"law","dispositive":"yes","related_facts":"The accused claimed he acted out of provocation due to his wife's alleged infidelity"}
{"issue_text":"Whether the accused intended to kill the deceased or realized the risk of death","issue_type":"mixed","dispositive":"yes","related_facts":"The accused used a pestle to strike the deceased twice on the head"}
{"issue_text":"Whether the words attributed to the deceased constituted sufficient provocation","issue_type":"law","dispositive":"yes","related_facts":"The accused claimed the deceased ridiculed him leading to the confrontation"}

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background

Facts of the Case

Background

The accused, Ningisai Wakeni, was charged with murdering his wife Enia Maronga on 6 January 2017 at Utseya Village, Chimanimani. The accused claimed he acted in provocation after discovering his wife's alleged infidelity, but the court found he had tolerated the alleged infidelity for years and that the provocation was insufficient to justify the killing.

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