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Case Details
Court
Harare High Court
Date
17 November 2017
Citation
HH 782-17
Neutral Citation
[2017] ZWHH 782
Outcome
unknown
Case Type
Trial
Bench
Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Criminal lawWitchcraft and crimeMurderAttempted sexual offence
Keywords
witchcraft beliefmurderstrangulationattempted incestmitigationactual intent
Tags
witchcraftmurderattempted inceststrangulationbelief in witchcraft
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- 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
- Constitution of Zimbabwe Amendment (No.20) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Did the accused take substantial steps towards sexual intercourse with his mother constituting attempted incest?","issue_type":"mixed","dispositive":"no","related_facts":"Accused spread mat, declared mother his wife, held her waist, ordered cock slaughter"}
- {"issue_text":"Did the accused strangle his mother with actual intent to kill?","issue_type":"mixed","dispositive":"yes","related_facts":"Wife witnessed throttling, accused’s confession, no immediate provocation"}
- {"issue_text":"Should belief in witchcraft reduce murder to culpable homicide?","issue_type":"law","dispositive":"no","related_facts":"Genuine belief mother bewitched him, no sudden provocative act at time of killing"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The accused, believing his mother Grace Kadzondera was bewitching him through spiritual sexual intercourse, attempted to have sexual intercourse with her and later strangled her to death. He denied both charges, claiming police assault induced his confession.
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