THE STATE v FARAI FERO, FORTUNE NGWENYA and KHUMBULANI SITHOLE

Key Issues

• {"issue_text":"Whether all three accused are guilty of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act","issue_type":"mixed","dispositive":"yes","related_facts":"The assault, death of deceased, participation of each accused"}
• {"issue_text":"Whether accused 3 is liable under the doctrine of common purpose","issue_type":"law","dispositive":"yes","related_facts":"Accused 3's presence, holding of rope, failure to intervene"}
• {"issue_text":"Whether the accused acted with intent or foresight of death","issue_type":"mixed","dispositive":"yes","related_facts":"Nature of assault, weapon used, injuries sustained"}
• {"issue_text":"Whether provocation is a valid defence","issue_type":"law","dispositive":"yes","related_facts":"Alleged theft, accused's state of mind"}

Background