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Masvingo High Court
The State v Bernard Makuchete and Rabson Makuchete
HMA 10-18
Case Details
Court
Masvingo High Court
Date
30 January 2018
Citation
HMA 10-18
Neutral Citation
[2018] ZWHMA 10
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Criminal lawCommon purpose doctrine
Keywords
murdercommon purposeknobkerriesslasherassaultintent
Tags
murdercommon purposeassaulttraditional beer drink
legislation
Statutes Cited
- Constitution of Zimbabwe
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the doctrine of common purpose applies to hold both accused liable for murder","issue_type":"law","dispositive":"yes","related_facts":"Both accused were present, armed with knobkerries, and participated in the assault"}
- {"issue_text":"Whether the accused had the requisite mens rea for murder","issue_type":"mixed","dispositive":"yes","related_facts":"Sustained brutal assault continued until deceased was motionless"}
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background
Facts of the Case
Background
Two brothers, Bernard and Rabson Makuchete, together with their third brother Richard, were charged with the murder of their cousin Zvinowanda Zvinowanda. The deceased was assaulted with knobkerries and a slasher after a dispute that began at a traditional beer drink earlier in the day. The assault occurred at night when the deceased and his brother Edward were confronted by the three brothers armed with weapons.
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