The State v Israel Mxotshwa

HB 96/23

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Case Details

Court

Bulawayo High Court

Date

18 May 2023

Citation

HB 96/23

Neutral Citation

[2023] ZWHB 96

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA JMr A.B. Mpofu (Assessor)Mr E. Shumba (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCulpable HomicideSelf-DefenceExcessive ForceStabbingIntoxication

Key Issues

{"issue_text":"Whether the accused acted in self-defence when he stabbed the deceased.","issue_type":"law","dispositive":"yes","related_facts":"The deceased was the aggressor and attacked the accused with fists; the accused used a knife."}
{"issue_text":"If self-defence is established, whether the force used by the accused was reasonable and proportionate to the attack.","issue_type":"law","dispositive":"yes","related_facts":"The deceased was unarmed; the accused used a lethal weapon causing fatal injuries."}
{"issue_text":"Whether the accused is guilty of murder or culpable homicide.","issue_type":"law","dispositive":"yes","related_facts":"The stabbing caused death; the accused foresaw the possibility of death."}

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background

Facts of the Case

Background

On 21 September 2020, at a working party, the accused and deceased fought after the accused changed a song on a radio. The accused was ordered to leave but returned 25 minutes later, insulting the deceased. The deceased jumped a fence and attacked the accused with fists. The accused, who was dodging punches, stabbed the deceased once with a homemade knife, causing his death. The court found the accused acted with excessive force.

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