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Bulawayo High Court
THE STATE v NKOSILATHI MOYO
HB 161/20
Case Details
Court
Bulawayo High Court
Date
3 August 2020
Citation
HB 161/20
Neutral Citation
[2020] ZWHB 161
Outcome
unknown
Case Type
Trial
Bench
Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA JMr. J. Sobantu (Assessor)Mr. P Damba (Assessor)
Areas of Law
Criminal LawCriminal Procedure
Keywords
Self-defenceUnlawful attackReasonable groundsProportionalityMurder trial
Tags
MurderSelf-defenceViolent Crime
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
- Criminal Procedure & Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the accused acted in self-defence when he struck the deceased.","issue_type":"mixed","dispositive":"yes","related_facts":"The deceased's prior assault on the accused; the deceased's approach to the accused's hut; the accused's belief that the deceased was producing a weapon."}
- {"issue_text":"Whether the State proved the charge of murder beyond a reasonable doubt.","issue_type":"procedural","dispositive":"yes","related_facts":"All facts regarding the incident."}
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background
Facts of the Case
Background
The accused was charged with the murder of Marvellous Ncube, whom he struck with a knobkerrie. The deceased had previously assaulted the accused earlier that day. Later that evening, the deceased went to the accused's homestead, where the accused believed the deceased was about to attack him with a weapon, leading the accused to strike the deceased in self-defence.
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