THE STATE v MALVIN GOHWA

HB 146.20

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Case Details

Court

Bulawayo High Court

Date

3 June 2020

Citation

HB 146.20

Neutral Citation

[2020] ZWHB 146

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMr O Dewa (Assessor)Mr M Ndlovu (Assessor)

Areas of Law

Criminal ProcedureCriminal Law

Keywords

Murder chargePrima facie caseDischargeAcquittalEvidence

Key Issues

{"issue_text":"Whether the state has established a prima facie case against the accused at the close of its case","issue_type":"procedural","dispositive":"yes","related_facts":"All witness testimony regarding accused's statements and presence"}
{"issue_text":"Whether there is evidence that the accused committed the essential elements of murder","issue_type":"law","dispositive":"yes","related_facts":"Lack of evidence linking accused to the killing"}
{"issue_text":"Whether the accused should be discharged or put on his defence","issue_type":"procedural","dispositive":"yes","related_facts":"State's failure to lead evidence establishing criminal liability"}

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background

Facts of the Case

Background

The accused was charged with murder for allegedly stabbing Michael Jongi on 17 February 2012. The state alleged the accused and an accomplice planned to kill the deceased to take his motor vehicle. At the close of the state case, the defence applied for discharge, arguing no prima facie case was established.

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