State v Shadreck Tagarira and Israel Tagarira

HMT 95-20

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Case Details

Court

Mutare High Court

Date

4 December 2020

Citation

HMT 95-20

Neutral Citation

[2020] ZWHMT 95

Outcome

unknown

Case Type

Trial

Bench

Presiding

Muzenda J

Full Bench

Mwayera JMuzenda J

Areas of Law

Criminal LawMurderCommon Purpose Doctrine

Keywords

MurderCommon PurposeConstructive IntentRevengeGroup Violence

Key Issues

{"issue_text":"Whether both accused are liable for murder under common purpose doctrine","issue_type":"mixed","dispositive":"yes","related_facts":"Group assault, prior planning, participation in attack"}
{"issue_text":"Whether accused had requisite mens rea for murder","issue_type":"law","dispositive":"yes","related_facts":"Use of lethal weapons, assault on vulnerable body parts"}

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background

Facts of the Case

Background

On Christmas Day 2007 at Mharadzano Night Club in Buhera, the two accused brothers together with accomplices returned to the nightclub after an earlier altercation involving the first accused. They removed their shirts and attacked Samuel Chinyama who had earlier tried to stop a fight. The second accused struck Chinyama with a half brick on the head, and after he collapsed, the first accused also struck him with a brick while others stabbed and assaulted him, resulting in his death.

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