THE STATE v TINASHE NYAKUDYA

HH 169-22

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Case Details

Court

Harare High Court

Date

18 February 2022

Citation

HH 169-22

Neutral Citation

[2022] ZWHH 169

Outcome

unknown

Case Type

Trial

Bench

Presiding

FOROMA J

Full Bench

FOROMA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Self defenceProportionalityCulpable homicideMurderAxe attack

Key Issues

{"issue_text":"Whether the accused acted in self-defence when he axed the deceased","issue_type":"law","dispositive":"yes","related_facts":"Deceased forced entry, accused picked up axe, struck deceased on head"}
{"issue_text":"Whether the means used by the accused were reasonable and proportionate to the threat","issue_type":"law","dispositive":"yes","related_facts":"Deceased armed with brick only, accused used axe to head"}
{"issue_text":"Whether the accused could have escaped or averted the attack otherwise","issue_type":"fact","dispositive":"yes","related_facts":"Talent escaped, accused did not attempt to escape"}

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Facts of the Case

Background

The accused axed the deceased to death after the deceased forced entry into a bedroom where the accused was sleeping with his girlfriend, Talent. The deceased had been in a relationship with Talent and was unhappy about her relationship with the accused. The accused claimed self-defence, but the court found his actions grossly disproportionate to the threat posed by the unarmed deceased.

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