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All Cases/Bulawayo High Court/2022

Bulawayo High Court

The State v Tapiwanashe Chivende

HB 178/22

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Case Details

Court

Bulawayo High Court

Date

18 May 2022

Citation

HB 178/22

Neutral Citation

[2022] ZWHB 178

Outcome

unknown

Case Type

Trial

Bench

Presiding

MOYO J

Full Bench

MOYO JMr A.B MpofuMr W.T Matemba

Areas of Law

Criminal LawMurderIntent

Keywords

MurderStrangulationConstructive intentProvocationDrunkennessFirst offender

Key Issues

{"issue_text":"Whether accused had the requisite legal intention to commit murder or was merely negligent","issue_type":"law","dispositive":"yes","related_facts":"Accused's admission of strangling deceased, circumstances of the act"}
{"issue_text":"Whether accused's defenses of provocation and drunkenness were valid","issue_type":"mixed","dispositive":"yes","related_facts":"Deceased's insults, accused's level of intoxication, circumstances leading to the act"}
{"issue_text":"Whether accused foresaw the possibility of death from strangulation","issue_type":"law","dispositive":"yes","related_facts":"Nature of strangulation as lethal act, accused's mental state"}

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background

Facts of the Case

Background

The accused Tapiwanashe Chivende was charged with murdering Anywhere Tshuma on 23 June 2020 in Gokwe. The accused admitted to assaulting and strangling the deceased after she asked him to leave as her boyfriend was coming, insulting him about his sexual performance. The court rejected his defenses of provocation and drunkenness, finding he had constructive intent to kill.

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