Tafadzwa Watson Mapfoche v The State

[2021] ZWSC 84

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Case Details

Court

Supreme Court

Date

29 June 2021

Citation

[2021] ZWSC 84

Judgment No.

SC 84/21

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Makarau JA

Full Bench

Gwaunza DCJMakarau JAMavangira JA

Areas of Law

Criminal lawEvidenceSentencing

Keywords

MurderRobberyWarned and cautioned statementAdmissibilityConstructive intentAggravating circumstances

Tags

MurderAppealConvictionSentenceWarned and cautioned statementAdmissibility of evidence

legislation

Statutes Cited

Criminal Justice Act 2003
Human Rights Act 1998
European Convention on Human Rights
Prison Act 1952
Crime (Sentences) Act 1997
Criminal Justice and Court Services Act 2000
Criminal Justice Act 1991
Powers of Criminal Courts (Sentencing) Act 2000
Offender Management Act 2007
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Serious Organised Crime and Police Act 2005
Police and Justice Act 2006
Criminal Justice and Immigration Act 2008
Coroners and Justice Act 2009
Legal Services Act 2007
Constitutional Reform Act 2005
Tribunals, Courts and Enforcement Act 2007
Data Protection Act 2018
Investigatory Powers Act 2016
Immigration Act 1971
Immigration Act 2014
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
UK Borders Act 2007
Immigration, Asylum and Nationality Act 2006
Borders, Citizenship and Immigration Act 2009
Immigration Act 2016
Nationality and Borders Act 2022
British Nationality Act 1981
British Overseas Territories Act 2002
Nationality, Immigration and Asylum Act 2002
Immigration, Asylum and Nationality Act 2006
UK Borders Act 2007
Crime and Courts Act 2013
Anti-social Behaviour, Crime and Policing Act 2014
Counter-Terrorism and Security Act 2015
Immigration Act 2016
Data Protection Act 2018
European Union (Withdrawal) Act 2018
European Union (Withdrawal Agreement) Act 2020
European Union (Future Relationship) Act 2020
Coronavirus Act 2020
Health and Social Care Act 2008
National Health Service Act 2006
Mental Health Act 1983
Mental Capacity Act 2005
Care Act 2014
Children Act 1989
Children Act 2004
Education Act 1996
Education Act 2002
Education and Skills Act 2008
Apprenticeships, Skills, Children and Learning Act 2009
Education Act 2011
Children and Families Act 2014
Education and Adoption Act 2016
Technical and Further Education Act 2017
Higher Education and Research Act 2017
Data Protection Act 1998
Freedom of Information Act 2000
Environmental Information Regulations 2004
Privacy and Electronic Communications (EC Directive) Regulations 2003
Regulation of Investigatory Powers Act 2000
Terrorism Act 2000
Terrorism Act 2006
Counter-Terrorism Act 2008
Terrorist Asset-Freezing etc. Act 2010
Protection of Freedoms Act 2012
Counter-Terrorism and Security Act 2015
Investigatory Powers Act 2016
Counter-Terrorism and Border Security Act 2019
Sentencing Act 2020
Police, Crime, Sentencing and Courts Act 2022
Judicial Review and Courts Act 2022
Public Order Act 1986
Criminal Justice and Public Order Act 1994
Serious Crime Act 2007
Policing and Crime Act 2009
Anti-Social Behaviour, Crime and Policing Act 2014
Policing and Crime Act 2017
Covert Human Intelligence Sources (Criminal Conduct) Act 2021
Police, Crime, Sentencing and Courts Act 2022
Public Order Act 2023
Extradition Act 2003
Police Reform Act 2002
Police Act 1996
Police and Criminal Evidence Act 1984
Prosecution of Offences Act 1985
Criminal Procedure and Investigations Act 1996
Youth Justice and Criminal Evidence Act 1999
Criminal Justice and Police Act 2001
Criminal Justice Act 2003
Domestic Violence, Crime and Victims Act 2004
Serious Organised Crime and Police Act 2005
Police and Justice Act 2006
Criminal Justice and Immigration Act 2008
Coroners and Justice Act 2009
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Anti-Social Behaviour, Crime and Policing Act 2014
Criminal Justice and Courts Act 2015
Policing and Crime Act 2017
Courts Act 2003
Constitutional Reform Act 2005
Tribunals, Courts and Enforcement Act 2007
Coroners and Justice Act 2009
Crime and Courts Act 2013
Criminal Justice and Courts Act 2015
Courts and Tribunals (Judiciary and Functions of Staff) Act 2018
Judicial Review and Courts Act 2022
Civil Contingencies Act 2004
Inquiries Act 2005
Legislative and Regulatory Reform Act 2006
Localism Act 2011
Public Bodies Act 2011
Enterprise and Regulatory Reform Act 2013
Deregulation Act 2015
Small Business, Enterprise and Employment Act 2015
Enterprise Act 2016
European Union (Withdrawal) Act 2018
European Union (Withdrawal Agreement) Act 2020
European Union (Future Relationship) Act 2020
United Kingdom Internal Market Act 2020
Environment Act 2021
Procurement Act 2023

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether the appellant's warned and cautioned statement was correctly admitted into evidence","issue_type":"procedural","dispositive":"no","related_facts":"Second statement recorded after magistrate's directive"}
{"issue_text":"Whether the appellant was properly convicted of murder","issue_type":"mixed","dispositive":"yes","related_facts":"Deceased left in game park, blood-stained clothes found"}
{"issue_text":"Whether the sentence imposed was severe and induces a sense of shock","issue_type":"law","dispositive":"no","related_facts":"25-year sentence for youthful first offender"}

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background

Facts of the Case

Background

The appellant and co-accused robbed a taxi driver, tied him up, and left him in Marongora Game Park infested with wild animals. The deceased's blood-stained clothes were found but his body was never recovered. They were convicted of murder with actual intent.

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