The State v Desmond Phiri

HB 304/20

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Case Details

Court

Bulawayo High Court

Date

24 November 2020

Citation

HB 304/20

Neutral Citation

[2020] ZWHB 304

Outcome

unknown

Case Type

Trial

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA JMr O. Dewa (Assessor)Mr J. Sobantu (Assessor)

Areas of Law

Criminal LawMurderSelf-defenseDolus eventualis

Keywords

MurderKnife stabbingProtection orderSelf-defenseDolus eventualisFamily dispute

Key Issues

{"issue_text":"Whether the accused acted in self-defense when he stabbed the deceased","issue_type":"law","dispositive":"yes","related_facts":"Initial altercation, deceased punching accused, protection order"}
{"issue_text":"Whether the accused intended to kill the deceased or acted with constructive intent","issue_type":"mixed","dispositive":"yes","related_facts":"Taking knife, returning to scene, threatening statements"}
{"issue_text":"Whether the requirements of section 253 of the Criminal Law Code were satisfied for self-defense","issue_type":"law","dispositive":"yes","related_facts":"Self-defense requirements, circumstances of stabbing"}

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background

Facts of the Case

Background

The accused Desmond Phiri was charged with murdering his uncle Jonathan Phiri on 24 December 2018 in Bulawayo. Despite a protection order prohibiting him from visiting house number 22 Matshobana Township, the accused went to the house, got into an altercation with his uncle who reminded him of the protection order, and after being escorted out, returned with a knife and stabbed his uncle once on the right shoulder, causing fatal injuries.

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