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Harare High Court
THE STATE v HERBERT LEARNMORE CHIKIWA, JOHANE KAMUDYARIWA, LAWRENCE MAKIWA MAKOSA and GIVEN MUSHORE
HH 498-22
Case Details
Court
Harare High Court
Date
8 August 2022
Citation
HH 498-22
Neutral Citation
[2022] ZWHH 498
Outcome
unknown
Case Type
Trial
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Criminal LawCriminal ProcedureEvidence
Keywords
Unlawful entry in aggravating circumstancesMurderBallisticsFingerprintsIndicationsCommon purpose
Tags
Unlawful entryMurderBallistics evidenceFingerprint evidenceConfessions
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the State proved the guilt of the accused persons beyond reasonable doubt for unlawful entry in aggravating circumstances and murder.","issue_type":"mixed","dispositive":"yes","related_facts":"Identity of perpetrators, voluntariness of confessions, reliability of expert evidence"}
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background
Facts of the Case
Background
On the night of 21 September 2013, Imperial Security Company's premises at 40 Northampton Road, Eastlea, Harare, were unlawfully entered and a firearm, ammunition, and other property were stolen. In the early hours of 22 September 2013, a murder occurred at 5 Wembley Crescent, Eastlea, where Innocent Julius was shot dead. The State alleged the same group committed both offences, with ballistic evidence linking a firearm recovered from the first accused to the murder, and fingerprint evidence linking the fourth accused to the crime scenes. The second and third accused were linked solely through their video-recorded indications.
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