THE STATE v ORICIOUS MOYO

HB 36/20

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Case Details

Court

Bulawayo High Court

Date

19 February 2020

Citation

HB 36/20

Neutral Citation

[2020] ZWHB 36

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE JMrs A. Moyo (Assessor)Mr J. Sobantu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderSelf DefenceUse of FirearmRobberyLove Triangle

Key Issues

{"issue_text":"Whether the accused acted in lawful self-defence and defence of property when he shot the deceased.","issue_type":"mixed","dispositive":"yes","related_facts":"The accused's claim of being ambushed and the deceased attempting to enter his vehicle to rob him."}
{"issue_text":"Whether the state proved the charge of murder beyond a reasonable doubt.","issue_type":"procedural","dispositive":"yes","related_facts":"The state's failure to lead evidence contradicting the accused's version of events."}

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background

Facts of the Case

Background

On 25 July 2017, the accused shot and killed the deceased outside his residence in Bulawayo. The accused, a businessman, claimed he was ambushed by the deceased and accomplices who attempted to rob him, leading him to act in self-defence. The state alleged the shooting resulted from a love triangle dispute. The court found the state failed to disprove the accused's defence beyond a reasonable doubt.

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