THE STATE v MAKAIKA MILANZI and ANTONY KUMBULA and STEPHEN ZIMOWA and TICHAONA SODA and ASANI CHIKWANDA and TENDAI JONGWE and CHRISPEN SIBANDA

Key Issues

• {"issue_text":"Whether the accused persons are guilty of murder as defined in s 47(1)(b) of the Criminal Law (Codification & Reform) Act.","issue_type":"mixed","dispositive":"yes","related_facts":"Presence at scene, participation in assault, possession of stolen property, identification."}
• {"issue_text":"Whether the State proved its case beyond a reasonable doubt against each accused.","issue_type":"procedural","dispositive":"yes","related_facts":"All evidence adduced."}
• {"issue_text":"Whether there are extenuating circumstances in the commission of the murder.","issue_type":"law","dispositive":"yes","related_facts":"Nature of the robbery, premeditation, conduct of accused."}
• {"issue_text":"Whether the death sentence should be imposed.","issue_type":"law","dispositive":"yes","related_facts":"Aggravating factors, mitigating factors."}
• {"issue_text":"Whether the applications for discharge at the close of the State case should succeed.","issue_type":"procedural","dispositive":"no","related_facts":"Evidence led by the State."}
• {"issue_text":"Whether the plea of autre fois acquit raised by the accused persons should succeed.","issue_type":"procedural","dispositive":"no","related_facts":"Previous acquittal on robbery charges."}

Background