THE STATE v MACDONALD URAYAYI

HB 92/23

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Case Details

Court

Bulawayo High Court

Date

23 May 2023

Citation

HB 92/23

Neutral Citation

[2023] ZWHB 92

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA JMr A.B. Mpofu (Assessor)Mr E. Shumba (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderProvocationIntentionDomestic ViolenceStabbing

Key Issues

{"issue_text":"Whether the accused intended to kill the deceased or realized there was a real risk of death","issue_type":"fact","dispositive":"yes","related_facts":"The nature of the attack, the weapon used, the number and location of wounds"}
{"issue_text":"Whether the defence of provocation was available to the accused","issue_type":"law","dispositive":"yes","related_facts":"The alleged insults, the time lapse between previous incidents, the accused's state of mind"}

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background

Facts of the Case

Background

The accused, Macdonald Urayayi, stabbed his wife, Sharon Nyoni, eight times with a knife, causing her death. The accused claimed he was provoked by insults from the deceased, but the court found that he had armed himself with the knife before the incident and that the defence of provocation was not established.

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