THE STATE v MTHULISI DUBE

HB 60.20

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Case Details

Court

Bulawayo High Court

Date

13 March 2020

Citation

HB 60.20

Neutral Citation

[2020] ZWHB 60

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMr T. E Ndlovu (Assessor)Mr N Ndubiwa (Assessor)

Areas of Law

Criminal LawEvidence

Keywords

MurderCulpable HomicideSelf-DefenceAssaultMetal Rod

Key Issues

{"issue_text":"Whether the accused acted with intent to kill the deceased.","issue_type":"fact","dispositive":"yes","related_facts":"The accused was being attacked and fled; he threw the metal rod while fleeing."}
{"issue_text":"Whether the accused's actions constituted murder or culpable homicide.","issue_type":"law","dispositive":"yes","related_facts":"The accused's state of mind during the attack."}
{"issue_text":"Whether the accused was acting in self-defence.","issue_type":"law","dispositive":"no","related_facts":"The accused was attacked by the deceased and his group."}

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background

Facts of the Case

Background

The accused, Mthulisi Dube, was charged with murder for assaulting the deceased, Ntobeko Matunjwa, with a metal rod. The accused claimed he acted in self-defence after being attacked by the deceased and his group. The court found that the accused did not have the requisite intent for murder and convicted him of culpable homicide.

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