THE STATE v LIVERSON MUKUBWA

HMA 26/19

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Case Details

Court

Masvingo High Court

Date

5 July 2019

Citation

HMA 26/19

Neutral Citation

None

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAWADZE J

Full Bench

MAWADZE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Murder with actual intentPetrol burningDying declarationConfirmed warned and cautioned statement

Key Issues

{"issue_text":"Whether the accused caused the death of the deceased with actual intent.","issue_type":"fact","dispositive":"yes","related_facts":"Dying declaration, confession, possession of petrol, alibi"}
{"issue_text":"Whether the dying declaration made by the deceased is admissible as evidence.","issue_type":"procedural","dispositive":"yes","related_facts":"Deceased's statement to Rabson Mapasure and Cst Cephas Kunamira"}
{"issue_text":"Whether the accused's confirmed warned and cautioned statement was voluntarily made and is admissible.","issue_type":"procedural","dispositive":"yes\n### ARGUMENTS SECTION","related_facts":"Accused's claim of duress, evidence of Sgt Richmore Pepukai"}

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background

Facts of the Case

Background

The accused was charged with the murder of his girlfriend, Violet Tohwechipi, whom he allegedly set alight with petrol after a dispute. The accused denied the charge, claiming he was in South Africa at the time and that the deceased committed suicide after he ended their relationship. The court found the accused guilty based on a dying declaration, a confession, and other evidence.

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