THE STATE v KEFASI NDEBELE

HB 120/23

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Case Details

Court

Bulawayo High Court

Date

16 March 2023

Citation

HB 120/23

Neutral Citation

[2023] ZWHB 120

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMr J H Sobantu (Assessor)Mr E Mashingaidze (Assessor)

Areas of Law

Criminal LawEvidence

Keywords

MurderCulpable HomicideSelf-DefenceLegal IntentionForesight of DeathPost MortemFemoral Artery

Key Issues

{"issue_text":"Whether the accused acted with legal intention to kill, constituting murder","issue_type":"law","dispositive":"yes","related_facts":"Nature of wounds, weapon used, circumstances of stabbing, accused's foresight"}
{"issue_text":"Whether the accused acted in self-defence","issue_type":"law","dispositive":"no","related_facts":"Deceased's alleged armed status, accused's ability to escape, sequence of events"}
{"issue_text":"Whether the accused should be convicted of culpable homicide instead of murder","issue_type":"law","dispositive":"yes","related_facts":"Degree of negligence, foreseeability of death, nature of injuries"}

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background

Facts of the Case

Background

The accused and deceased were husband and wife who had a verbal altercation at their tuckshop. The deceased feigned an attack with a knife, after which the accused took the knife and stabbed the deceased once in the left thigh and once in the left arm, causing her death from hypovolemic shock due to a lacerated femoral artery. The accused claimed self-defence, but the court found he could have escaped and that the deceased was no longer armed when stabbed.

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