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Harare High Court

The State v Augustine Chiswanda

HH 99-23

Case Details

Court
Harare High Court
Date
10 February 2023
Citation
HH 99-23
Neutral Citation
[2023] ZWHH 99
Outcome
unknown
Case Type
Trial

Bench

Presiding
MUTEVEDZI J
Full Bench
MUTEVEDZI J
Areas of Law
Criminal LawConstitutional Law
Keywords
murderself-defencedefence of persondefence of propertyunlawful attackreasonable forceCriminal Law Coderight to life
Tags
murderself-defencedefence of propertyunlawful attackhomicide
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act [Chapter 9:23]
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe (pre-2013)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the accused is entitled to the defence of person and defence of property","issue_type":"mixed","dispositive":"yes","related_facts":"Multiple intruders entered accused's home at night; accused fired warning shots before shooting deceased in leg"}
  • {"issue_text":"When is a homeowner allowed to shoot and kill a burglar?","issue_type":"law","dispositive":"yes","related_facts":"Intruders entered home at night; accused used firearm to defend home"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The accused, a homeowner who had suffered 13 previous break-ins, shot and killed an intruder during a night-time home invasion. He fired warning shots before shooting the deceased in the leg intending to immobilise him. The deceased was part of a group of intruders who had entered the accused's property.
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