THE STATE v JULIET MUREGA

HMA 36-17

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Case Details

Court

Masvingo High Court

Date

12 July 2017

Citation

HMA 36-17

Neutral Citation

[2017] ZWHMA 36

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAFUSIRE J

Full Bench

MAFUSIRE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderDischarge at close of State casePrima facie caseDying declarationParaffin burns

Key Issues

{"issue_text":"Whether the State has established a prima facie case warranting the accused to be placed on her defence","issue_type":"procedural","dispositive":"yes","related_facts":"State's evidence at close of case; absence of eyewitness to fire ignition"}
{"issue_text":"Whether there is evidence on which a reasonable court, acting carefully, might properly convict","issue_type":"law","dispositive":"yes","related_facts":"Dying declarations; accused's presence; paraffin stove"}
{"issue_text":"Whether the State has failed to prove an essential element of the offence","issue_type":"law","dispositive":"yes","related_facts":"No direct evidence of how fire started"}

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background

Facts of the Case

Background

The deceased, Hardlife Ndlovu, died from paraffin burns sustained during a scuffle with the accused, his girlfriend, at her lodgings in Masvingo. The State alleges the accused intentionally drenched him with paraffin from a burning stove and set him ablaze, while the defence claims the deceased accidentally knocked over the stove during the altercation. No eyewitness saw the exact moment the deceased caught fire.

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