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Mutare High Court

THE STATE v MARCOS MADHUME and THOMAS MIKE MAKONI NYAKUJARA

HMT 10-18

Case Details

Court
Mutare High Court
Date
20 June 2018
Citation
HMT 10-18
Neutral Citation
[2018] ZWHMT 10
Outcome
unknown
Case Type
Trial

Bench

Presiding
MWAYERA J
Full Bench
MWAYERA J
Areas of Law
Criminal LawCriminal Procedure
Keywords
MurderSelf-defenceIntoxicationCommon PurposeCo-perpetrators
Tags
MurderArmed RobberyCommon Purpose
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • Criminal Procedure and Evidence Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the accused persons had the requisite intention to kill the deceased (murder) or were merely negligent (culpable homicide).","issue_type":"law","dispositive":"yes","related_facts":"The manner of shooting (multiple shots), use of a lethal weapon, and the context of an armed robbery."}
  • {"issue_text":"Whether the first accused's plea of self-defence is valid.","issue_type":"law","dispositive":"yes","related_facts":"The accused initiated the unlawful attack; the deceased was defending himself and his property."}
  • {"issue_text":"Whether the first accused's intoxication negates the requisite mens rea for murder.","issue_type":"law","dispositive":"yes","related_facts":"The accused voluntarily consumed alcohol but planned the robbery and executed it."}
  • {"issue_text":"Whether the second accused is liable for the murder under the doctrine of common purpose.","issue_type":"law","dispositive":"yes","related_facts":"The second accused's participation in the robbery, presence during the shooting, and lack of dissociation."}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Two accused persons, friends from childhood, stole a loaded star pistol and travelled to Marange diamond area with the intent to rob. They targeted the deceased, a diamond buyer, at his homestead around midnight. After consuming alcohol, they attempted to rob him of cash and diamonds, using the firearm to threaten him. When the deceased resisted, the first accused shot him multiple times, causing his death. The second accused participated in breaking into the house and was present throughout the shooting. Both accused then ransacked the house and stole a Samsung phone and a tablet.
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