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Harare High Court
THE STATE v SHEPHERD MUSHURWA
HH 266-21
Case Details
Court
Harare High Court
Date
23 September 2020
Citation
HH 266-21
Neutral Citation
[2021] ZWHH 266
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Criminal LawConstitutional Law
Keywords
StrangulationNegligenceParental ResponsibilityRight to Life
Tags
MurderCulpable HomicideParental ViolenceChild Abuse
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the accused caused the death of the deceased.","issue_type":"fact","dispositive":"yes","related_facts":"Cause of death; Presence of accused; Actions of accused."}
- {"issue_text":"Whether the accused acted with intent to kill (murder) or negligently (culpable homicide).","issue_type":"law","dispositive":"yes","related_facts":"Accused's state of mind; Degree of force used."}
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background
Facts of the Case
Background
The accused, a father, strangled his 12-year-old son after the child confessed to stealing $20.00. The post-mortem report confirmed the cause of death as mechanical asphyxia and chest compression. The accused claimed the child accidentally fell and hit his head, but the court found the accused's version of events not credible.
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