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Harare High Court

THE STATE v RUPIYA RUPIYA

HH 833-17

Case Details

Court
Harare High Court
Date
28 November 2017
Citation
HH 833-17
Neutral Citation
[2017] ZWHH 833
Outcome
unknown
Case Type
Trial

Bench

Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Criminal LawCriminal Procedure
Keywords
murderculpable homicideself-defencestrangulationassaultintoxication
Tags
murderculpable homicideself-defenceviolent crime
legislation
Statutes Cited
  • Criminal Code
  • Criminal Code
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the accused acted in self-defence when he strangled and struck the deceased with a stone","issue_type":"mixed","dispositive":"yes","related_facts":"The deceased pulling the accused's penis; the accused elbowed deceased; deceased fell; accused strangled and struck deceased with stone"}
  • {"issue_text":"Whether the accused is guilty of murder or culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"The nature and extent of injuries inflicted on the deceased; the accused's state of mind"}
  • {"issue_text":"What is the appropriate sentence","issue_type":"law","dispositive":"yes","related_facts":"The accused's personal circumstances; aggravating factors; time spent in custody"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The accused was charged with murdering his cousin on Christmas day 2016 after a drinking session. The accused was having an ongoing affair with the deceased's wife. On their way home, the deceased confronted the accused about the affair and pulled his penis. The accused elbowed the deceased, who fell, and then strangled him and struck him with a stone, causing his death.
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