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Harare High Court

THE STATE v NOMORE MAKWINJA and DIANA MAKWINJA

HH 486-23

Case Details

Court
Harare High Court
Date
3 July 2023
Citation
HH 486-23
Neutral Citation
[2023] ZWHH 486
Outcome
unknown
Case Type
Trial

Bench

Presiding
MUREMBA J
Full Bench
MUREMBA J
Areas of Law
Criminal LawConstitutional Law
Keywords
IntentionNegligenceSepsisPost-mortemReasonable PersonChild Rights
Tags
MurderCulpable HomicideAssaultChild AbuseDomestic Violence
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • Constitution of Zimbabwe, 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the first accused is guilty of murder or culpable homicide.","issue_type":"law","dispositive":"yes","related_facts":"Nature and severity of assault, accused's state of mind, cause of death."}
  • {"issue_text":"Whether the second accused is guilty of murder or culpable homicide.","issue_type":"law","dispositive":"yes","related_facts":"Her presence during the assault, her actions, her failure to intervene."}
  • {"issue_text":"Whether the first accused had actual or legal intention to cause death.","issue_type":"law","dispositive":"yes","related_facts":"Accused's testimony, nature of assault, weapon used."}
  • {"issue_text":"Whether the first accused negligently caused the death of the deceased.","issue_type":"law","dispositive":"yes","related_facts":"Reasonableness of his conduct, foreseeability of risk."}
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background
Facts of the Case

Background

The first accused, a father, severely assaulted his 16-year-old daughter, the deceased, on her buttocks with fists, a broomstick, and an iron bar over several days. The second accused, the deceased's aunt, was present during some assaults and failed to intervene. The deceased developed a severe infection (pyomyositis abscess) from the trauma, leading to general sepsis and her death 21 days later.
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