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Harare High Court

THE STATE v SHELTER SACHOKA and TENDAI TAGARIRA

HH 641-17

Case Details

Court
Harare High Court
Date
29 August 2017
Citation
HH 641-17
Neutral Citation
[2017] ZWHH 641
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Criminal LawCriminal Procedure
Keywords
StabbingBroken bottleAlcoholAssaultAlibi
Tags
MurderCulpable HomicideSelf-DefenceCommon Purpose
legislation
Statutes Cited
  • Criminal Law (Codification & Reform) Act
  • Criminal Law (Codification & Reform) Act
  • Criminal Law (Codification & Reform) Act
  • Criminal Law (Codification & Reform) Act
  • Criminal Law (Codification & Reform) Act
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the 1st accused acted in self-defence when she stabbed the deceased.","issue_type":"law","dispositive":"yes","related_facts":"The 1st accused's claim of being assaulted; her grabbing and breaking a bottle; the nature of the attack."}
  • {"issue_text":"Whether the 2nd accused is liable as a co-perpetrator or accomplice.","issue_type":"law","dispositive":"yes","related_facts":"The 2nd accused's presence at the scene; his alleged holding of the deceased; his alibi."}
  • {"issue_text":"Whether the 2nd accused's alibi is credible.","issue_type":"fact","dispositive":"yes","related_facts":"The 2nd accused's testimony; state witness testimony."}
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background
Facts of the Case

Background

On 31 January 2016, the deceased, Allan Katimba, was stabbed twice with a broken beer bottle by the 1st accused, Shelter Sachoka, outside a cocktail bar in Zimbiru Village. The altercation began inside the bar over spilled beer and continued outside. The 2nd accused, Tendai Tagarira, was present and allegedly held the deceased's hands while the 1st accused stabbed him. The deceased died from hypovolemic shock due to damage to his brachial artery.
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