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Case Details
Court
Harare High Court
Date
22 June 2017
Citation
HH 581-17
Neutral Citation
[2017] ZWHH 581
Outcome
unknown
Case Type
Trial
Bench
Presiding
HUNGWE J
Full Bench
HUNGWE J
Areas of Law
Criminal LawCriminal Procedure
Keywords
murderself-defenceprovocationexcessive forcecredibility
Tags
murderself-defenceprovocationstabbing
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- 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 acted in self-defence when he stabbed the deceased","issue_type":"law","dispositive":"yes","related_facts":"The deceased was being restrained and led away when stabbed; the accused fetched a knife from a hut"}
- {"issue_text":"Whether the accused acted under provocation","issue_type":"law","dispositive":"yes","related_facts":"The deceased assaulted the accused; the accused had time to reflect before fetching the knife"}
- {"issue_text":"Whether the accused is guilty of murder","issue_type":"law","dispositive":"yes","related_facts":"All facts regarding the stabbing and circumstances"}
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background
Facts of the Case
Background
The accused stabbed the deceased once on the left side of the chest, causing his death. The incident occurred after the deceased had repeatedly visited the accused's homestead to discuss a village rumour. On the day of the killing, the deceased forcibly entered the accused's premises and assaulted him. While the deceased was being restrained and led away by relatives, the accused fetched a knife and stabbed him.
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