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Bulawayo High Court
The State v Carlos Tinashe Chapeyama
HB 89/19
Case Details
Court
Bulawayo High Court
Date
3 June 2019
Citation
HB 89/19
Neutral Citation
[2019] ZWHB 89
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE JMr P. Damba (Assessor)Mr M. Ndlovu (Assessor)
Areas of Law
Criminal lawMurderAttempted murder
Keywords
AK-47 assault rifleProvocation defenceIntoxication defenceDiminished responsibilityDomestic violenceMultiple murders
Tags
MurderAttempted murderDomestic violenceMilitary firearm
legislation
Statutes Cited
- Criminal Law Codification and Reform Act
- Criminal Law Codification and Reform Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defence of provocation reduces murder to culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"Accused claims he was provoked by being told he was not father of children"}
- {"issue_text":"Whether intoxication affected accused's intention to kill","issue_type":"mixed","dispositive":"yes","related_facts":"Accused consumed alcohol en route from Gweru to Bulawayo"}
- {"issue_text":"Whether accused had actual intent to kill the victims","issue_type":"fact","dispositive":"yes","related_facts":"Accused cocked rifle before entry and fired multiple shots"}
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background
Facts of the Case
Background
The accused, a Zimbabwe Defence Forces member, shot and killed three people (including his estranged partner) and injured a minor child using an AK-47 assault rifle at a house in Bulawayo. He claimed provocation and intoxication as defences.
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