THE STATE v FRAZER SIBANDA

HB 145/20

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Case Details

Court

Bulawayo High Court

Date

3 July 2020

Citation

HB 145/20

Neutral Citation

[2020] ZWHB 145

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE JMr P. Damba (Assessor)Mr J. Sobantu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

IntentionNegligenceUnlawful KillingConfessionPost-mortem

Key Issues

{"issue_text":"Whether the State proved the accused intended to kill the deceased.","issue_type":"law","dispositive":"yes","related_facts":"Nature of assault, accused's state of mind, deceased's condition"}
{"issue_text":"Whether the accused is guilty of culpable homicide.","issue_type":"law","dispositive":"yes","related_facts":"Assault, causation of death, negligence"}

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background

Facts of the Case

Background

The 70-year-old accused, an elder brother to the deceased's father, struck his nephew several times with a plank over a missing cellphone. The deceased was heavily intoxicated at the time. He died days later from blunt force trauma to the head. The accused claimed he did not intend to kill the deceased and that the death was not foreseeable.

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