THE STATE v MELUSI TRUST MSIPHA

HB 138/23

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Case Details

Court

Bulawayo High Court

Date

4 July 2023

Citation

HB 138/23

Neutral Citation

[2023] ZWHB 138

Outcome

unknown

Case Type

Trial

Bench

Presiding

KABASA J

Full Bench

KABASA JMr G Maphosa (Assessor)Mr J Ndubiwa (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderSelf-defenceWarning and cautioned statementPost-mortemKnife

Key Issues

{"issue_text":"Whether the defence of self-defence is available to the accused.","issue_type":"law","dispositive":"yes","related_facts":"The accused's claim of being attacked versus the witness testimony of an unprovoked assault."}
{"issue_text":"Whether the State has proved its case beyond a reasonable doubt.","issue_type":"law","dispositive":"yes","related_facts":"The evidence of the stabbing, the post-mortem report, and the witness testimony."}

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background

Facts of the Case

Background

On 16 October 2022, the accused stabbed the deceased in the head with a knife after the deceased and another person exchanged insults. The accused claimed he acted in self-defence after being advanced upon by the deceased and his friends. The court found the accused's version of events to be an afterthought and rejected his defence.

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