THE STATE v KHULEKANI NCUBE

HB 173/19

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Case Details

Court

Bulawayo High Court

Date

4 October 2019

Citation

HB 173/19

Neutral Citation

[2019] ZWHB 173

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMrs A. Moyo (Assessor)Mr M. Ndlovu (Assessor)

Areas of Law

Criminal LawEvidence

Keywords

MurderAxeIntoxicationSelf-defenceWitness credibility

Key Issues

{"issue_text":"Did the accused act wrongfully and unlawfully in striking the deceased with an axe?","issue_type":"fact","dispositive":"yes","related_facts":"The accused struck the deceased; the deceased was unarmed; the accused's inconsistent testimony"}
{"issue_text":"Did the accused have a valid defence of self-defence?","issue_type":"law","dispositive":"yes","related_facts":"The accused's claim of being attacked; the witnesses' testimony that the deceased posed no threat"}
{"issue_text":"What is the appropriate conviction for the accused's actions?","issue_type":"law","dispositive":"yes","related_facts":"The nature of the weapon used; the location of the strike; the accused's intent"}

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background

Facts of the Case

Background

The accused struck the deceased with an axe on the forehead at a bottle store, causing fatal injuries. The accused claimed he acted in self-defence during a scuffle, but his testimony was found to be inconsistent and untruthful. The court found the accused acted wrongfully and with actual intent.

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