THE STATE v JEFREY MUKULI AND BENJAMIN NHIDZA

HB 201.19

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Case Details

Court

Bulawayo High Court

Date

15 November 2019

Citation

HB 201.19

Neutral Citation

[2019] ZWHB 201

Outcome

unknown

Case Type

Trial

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA JMr T E Ndlovu (assessor)Mr J L M Zulu (assessor)

Areas of Law

Criminal LawEvidence

Keywords

murderculpable homicidedrowningZambezirangersnegligenceescapethreat

Key Issues

{"issue_text":"Whether the accused are guilty of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act.","issue_type":"law","dispositive":"yes","related_facts":"The accused's conduct in ordering the deceased to swim across the river and the resulting deaths."}
{"issue_text":"Whether the accused acted with intent to kill or dolus eventualis.","issue_type":"law","dispositive":"yes","related_facts":"The accused's state of mind and actions during the incident."}
{"issue_text":"Whether the accused were negligent, leading to a verdict of culpable homicide.","issue_type":"law","dispositive":"yes","related_facts":"The creation of a hazardous situation and failure to assist the drowning victims."}

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background

Facts of the Case

Background

Two accused, employed as rangers by Zambezi National Parks and Wildlife, arrested Zambian nationals for illegal fishing. They ordered the deceased and others to swim across the Zambezi River back to Zambia. The deceased, including a 4-year-old child, drowned in the process. The accused were found not guilty of murder but guilty of culpable homicide due to negligence.

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