The State v Jealous Nemaringa and Patrick Marufu

Key Issues

• {"issue_text":"Whether the State proved beyond reasonable doubt that accused 2 participated in the murder","issue_type":"fact","dispositive":"yes","related_facts":"Evidence linking accused 2 to the crime, his presence at scene, advice to accused 1"}
• {"issue_text":"Whether voluntary intoxication is a defence to murder requiring proof of intention","issue_type":"law","dispositive":"yes","related_facts":"Accused 1's alcohol consumption, his ability to recall events, s 222 of Code"}
• {"issue_text":"Whether accused 1 acted in self-defence when he struck the deceased","issue_type":"mixed","dispositive":"yes","related_facts":"Deceased's alleged attack, availability of escape, proportionality of force, s 253[1] of Code"}
• {"issue_text":"Whether provocation reduces murder to culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"Deceased's demand for debt payment, accused 1's reaction, s 239 of Code"}
• {"issue_text":"Whether accused 1 had constructive intent to cause death","issue_type":"fact","dispositive":"yes","related_facts":"Number of blows, weapons used, part of body targeted, foreseeability of death"}

Background