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Bulawayo High Court
THE STATE v KWANELE PROMISE MHLANGA
HB 165/22
Case Details
Court
Bulawayo High Court
Date
8 June 2022
Citation
HB 165/22
Neutral Citation
[2022] ZWHB 165
Outcome
unknown
Case Type
Trial
Bench
Presiding
Makonese J
Full Bench
Makonese JMr J. Ndubiwa (Assessor)Mr J.L.M Zulu (Assessor)
Areas of Law
Criminal LawCriminal Procedure
Keywords
MurderCulpable HomicideStabbingPost-mortemOkapi knife
Tags
MurderCulpable HomicideViolent CrimeSelf-Defence
legislation
Statutes Cited
- Criminal Law Codification Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the accused had the requisite mens rea to constitute murder","issue_type":"fact","dispositive":"yes","related_facts":"The circumstances of the stabbing during a physical altercation where the accused was being strangled and assaulted"}
- {"issue_text":"Whether the accused's actions constitute culpable homicide instead of murder","issue_type":"law","dispositive":"yes","related_facts":"The accused's limited plea and the state's acceptance"}
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background
Facts of the Case
Background
On 21 March 2020, the accused and deceased engaged in a fist fight after exchanging insults at a beer drink. The deceased strangled the accused while another person, Witness Mafuyana, assaulted the accused with stones. The accused stabbed the deceased twice with a knife, causing fatal injuries. The accused denied murder but admitted culpable homicide.
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