THE STATE v STANLEY MULEYA

HB 109/19

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Case Details

Court

Bulawayo High Court

Date

2 July 2019

Citation

HB 109/19

Neutral Citation

[2019] ZWHB 109

Outcome

unknown

Case Type

Trial

Bench

Presiding

Makonese J

Full Bench

Makonese JMr J. SobantuMr T.E. Ndlovu

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderSelf DefenceExcessive ForceConstructive IntentHomicide

Key Issues

{"issue_text":"Whether the defence of self defence is available to the accused","issue_type":"law","dispositive":"yes","related_facts":"The deceased struck the accused with a stick; the accused retaliated with an axe"}
{"issue_text":"Whether the accused's response was grossly disproportionate","issue_type":"law","dispositive":"yes","related_facts":"The single blow to the neck with an axe caused fatal injuries"}

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background

Facts of the Case

Background

On 11 February 2019, the accused and deceased exchanged harsh words at a homestead in Kariangwe, Binga. The deceased left but returned and struck the accused with a stick. The accused retaliated by striking the deceased once on the neck with a home-made axe, causing fatal injuries. The accused raised self defence, but the court found his response grossly disproportionate.

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