THE STATE v KINGSTON MPOFU

HB 268/20

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Case Details

Court

Bulawayo High Court

Date

23 September 2020

Citation

HB 268/20

Neutral Citation

[2020] ZWHB 268

Outcome

unknown

Case Type

Trial

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA JMs C J Baye (Assessor)Mr A.B Mpofu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCulpable HomicideProvocationAdulteryAssault

Key Issues

{"issue_text":"Whether the accused is guilty of murder or culpable homicide","issue_type":"mixed","dispositive":"yes","related_facts":"The accused's intent, the assault by the deceased, the retaliatory attack"}
{"issue_text":"What is the appropriate sentence for culpable homicide","issue_type":"mixed","dispositive":"yes","related_facts":"Provocation, delay in trial, accused's age, remorse"}

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background

Facts of the Case

Background

The accused, aged 55 at the time, killed a self-styled prophet, Michael Moyo, who was having an adulterous relationship with the accused's wife. The deceased had gone to the accused's home to pay adultery damages, which the accused refused, leading to an altercation where the deceased assaulted the accused with a chisel, and the accused retaliated with an iron object, causing the deceased's death two days later.

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