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Bulawayo High Court
The State v Collen Moyo
HB 112/19
Case Details
Court
Bulawayo High Court
Date
11 July 2019
Citation
HB 112/19
Neutral Citation
[2019] ZWHB 112
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE JMr T. E. NdlovuMr J. Sobantu
Areas of Law
Criminal lawMurderDefences
Keywords
murderintentintoxicationprovocationknife attack
Tags
murderintoxicationprovocationyouthful offender
legislation
Statutes Cited
- Criminal Law Codification and Reform Act
- 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 is available to the accused","issue_type":"law","dispositive":"yes","related_facts":"Accused was assaulted by deceased and Jabulani before the stabbing"}
- {"issue_text":"Whether the defence of intoxication negates the accused's intention to murder","issue_type":"law","dispositive":"yes","related_facts":"Accused consumed large quantities of alcohol and smoked dagga"}
- {"issue_text":"Whether the accused possessed the requisite mens rea for murder","issue_type":"law","dispositive":"yes","related_facts":"Accused armed himself, waited for opportunity, and executed surprise attack"}
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background
Facts of the Case
Background
On 5 November 2018, after a night of heavy drinking at Teakdale Bottle Store, the 21-year-old accused had an altercation with the deceased (Givemore Mpofu, aged 26) and Jabulani Sibanda. Following assaults by the two older men, the accused armed himself with a kitchen knife, waited for the deceased to enter his bedroom hut, then kicked open the door and stabbed him once in the chest, causing death by heart injury and acute anemia.
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