THE STATE v JOHN CHIGAYI and JOEL CHIGAYI and MATHIAS CHIGAYI and BLESSING CHIGAYI

HH 248 - 17

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Case Details

Court

Harare High Court

Date

1 March 2017

Citation

HH 248 - 17

Neutral Citation

[2017] ZWHH 248

Outcome

unknown

Case Type

Trial

Bench

Presiding

HUNGWE J

Full Bench

HUNGWE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCo-perpetratorsTortureMolten plasticWitchcraftPatricide

Key Issues

{"issue_text":"Whether the four accused are guilty of murder as defined in section 47(1)(b) of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"yes","related_facts":"The torture and death of the deceased; the accused's intentions and actions"}
{"issue_text":"Whether the accused who did not directly apply the burning plastic can be held liable as co-perpetrators","issue_type":"law","dispositive":"yes","related_facts":"The different roles played by each accused in the common criminal enterprise"}
{"issue_text":"Whether the accused had the requisite intention to kill","issue_type":"fact","dispositive":"yes","related_facts":"The nature of the torture (roasting with molten plastic and fire) and the prevention of medical assistance"}

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background

Facts of the Case

Background

Four accused sons tortured their father with molten plastic and fire after consulting a faith healer who identified him as a wizard causing family misfortunes. The father died from severe burns the following day after being denied medical attention by the accused. The court found them guilty of murder based on common purpose and co-perpetrator liability.

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