THE STATE v SHELTON KAVHAYI

HH 483-17

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Case Details

Court

Harare High Court

Date

26 July 2017

Citation

HH 483-17

Neutral Citation

[2017] ZWHH 483

Outcome

unknown

Case Type

Trial

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Criminal LawCriminal Procedure

Keywords

murderidentification evidencewarned and cautioned statementbroken bottleself-defence

Key Issues

{"issue_text":"Whether the accused is the person who stabbed the deceased, thereby causing his death.","issue_type":"fact","dispositive":"yes","related_facts":"Identification by eyewitness, location of blood, accused's confession"}
{"issue_text":"Whether the accused acted with intent to kill or realized there was a real risk or possibility that his conduct might cause death.","issue_type":"law","dispositive":"yes","related_facts":"Nature of attack, weapon used, part of body targeted"}
{"issue_text":"Whether the accused's warned and cautioned statement was admissible as evidence.","issue_type":"procedural","dispositive":"yes","related_facts":"Allegations of police coercion"}

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background

Facts of the Case

Background

The accused was charged with murder for stabbing the deceased, Wellington Nzombe, with a broken bottle following an altercation at a night club in Magunje. The prosecution case was that the accused pursued the deceased and stabbed him in the neck, causing him to die from severe haemorrhage. The accused claimed that he was attacked by the deceased and that the deceased's colleague accidentally stabbed the deceased while trying to strike him.

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