THE STATE v LUCKSON MADUNGA And WATSON MUTOVORI

HMA 33-18

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Case Details

Court

Masvingo High Court

Date

29 June 2018

Citation

HMA 33-18

Neutral Citation

[2018] ZWHMA 33

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAWADZE J

Full Bench

MAWADZE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCulpable HomicideAssaultCommon PurposeBeerhallPolice Officer

Key Issues

{"issue_text":"Whether the accused persons are guilty of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act.","issue_type":"law","dispositive":"yes","related_facts":"The assault on the now deceased and his subsequent death."}
{"issue_text":"Whether the accused persons acted in common purpose with Shepherd.","issue_type":"law","dispositive":"yes","related_facts":"The coordinated assault by multiple assailants."}
{"issue_text":"Whether the accused persons are liable for culpable homicide instead of murder.","issue_type":"law","dispositive":"yes","related_facts":"The nature of the assault and the intent of the accused."}

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background

Facts of the Case

Background

On 7 July 2010 at Mufakose beerhall in Triangle, two police officers attempted to arrest a known dagga dealer, Shepherd. During the ensuing struggle, the accused persons and others allegedly assaulted one of the officers, Coster Chiwande, resulting in his death. The court had to determine whether the accused persons participated in the fatal assault.

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