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Masvingo High Court
THE STATE v GIFT MAHASO
HMA 50-21
Case Details
Court
Masvingo High Court
Date
27 September 2021
Citation
HMA 50-21
Neutral Citation
[2021] ZWHMA 50
Outcome
unknown
Case Type
Application
Bench
Presiding
MAWADZE J
Full Bench
MAWADZE J
Areas of Law
Criminal ProcedureCriminal Law
Keywords
MurderDischargeSection 198(3)DrowningCanal
Tags
MurderDischarge at close of prosecution caseDrowning
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a prima facie case has been established by the State to warrant the accused to put forward his defence","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence of Samuel Zimhunga regarding pushing, accused's denial, circumstances of drowning"}
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background
Facts of the Case
Background
The accused is charged with murder for allegedly pushing the deceased into a canal, causing him to drown. The State's key witness testified that he saw the accused push the deceased, while the accused claims the deceased voluntarily entered the water to swim and was swept away. The court found a prima facie case and dismissed the application for discharge.
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