THE STATE v PRIDE PHIRI and FREEDOM NCUBE

HB 118/24

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Case Details

Court

Bulawayo High Court

Date

15 August 2024

Citation

HB 118/24

Neutral Citation

[2024] ZWHB 118

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA JMr. Mashingaidze (Assessor)Mr Dewa (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderAssaultCommon PurposeSelf-defencePost-mortemConfessed statement

Key Issues

{"issue_text":"Whether accused 1 is guilty of murder as defined in s 47 of the Criminal Law Code.","issue_type":"fact","dispositive":"yes","related_facts":"The stabbing of the deceased by accused 1; the intent of accused 1; the rejection of self-defence."}
{"issue_text":"Whether accused 2 is guilty of murder on the basis of common purpose.","issue_type":"law","dispositive":"yes","related_facts":"Accused 2's presence and actions; his knowledge of the stabbing; his assault of the deceased."}
{"issue_text":"Whether accused 2's actions fall under s 58 of the Criminal Law Code (Joining in after fatal injury).","issue_type":"law","dispositive":"yes\n### ARGUMENTS SECTION","related_facts":"Accused 2 assaulting the deceased after the fatal stabbing; whether his actions accelerated death."}

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background

Facts of the Case

Background

On 26 December 2021, the two accused, along with a third individual, pursued a group of people they suspected of robbing a relative of accused 1. They confronted the group near Siyaso Garage in Beitbridge. Accused 1 stabbed the deceased multiple times with a knife, causing fatal injuries. Accused 2, upon returning from chasing another individual, found the deceased fatally wounded and assaulted him with a stick.

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