THE STATE v IBRAHIM MISI

HB 87-19

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Case Details

Court

Bulawayo High Court

Date

24 May 2019

Citation

HB 87-19

Neutral Citation

[2019] ZWHB 87

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMrs C J Baye (Assessor)Mr E Shumba (Assessor)

Areas of Law

Criminal LawDefences

Keywords

MurderCulpable HomicideSelf-DefenceExcessive ForceAggressorMinor

Key Issues

{"issue_text":"Whether the accused acted in self-defence","issue_type":"law","dispositive":"yes","related_facts":"Deceased was aggressor, accused was fleeing, accused struck with axe"}
{"issue_text":"Whether the accused exceeded the bounds of self-defence","issue_type":"law","dispositive":"yes","related_facts":"Accused used axe, deceased was advancing, accused was 17 years old"}
{"issue_text":"Whether the accused should be convicted of murder or culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"Nature of force used, circumstances of the attack"}

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background

Facts of the Case

Background

The accused, a 17-year-old, struck the deceased on the head with an axe at his homestead. The deceased had gone to the accused's homestead, used a catapult to fire stones at the accused, and persistently chased the accused. The accused picked up an axe and struck the deceased while the deceased was advancing on him.

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