THE STATE v UNKNOWN ACCUSED

HH 502-17

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Case Details

Court

Harare High Court

Date

20 July 2017

Citation

HH 502-17

Neutral Citation

[2017] ZWHH 502

Outcome

unknown

Case Type

Trial

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderRobberyCommon PurposeAssaultHead Injuries

Key Issues

{"issue_text":"Whether the accused is guilty of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"yes","related_facts":"Attack on deceased, death from head injuries, accused's participation in robbery"}
{"issue_text":"Whether the doctrine of common purpose applies to hold the accused liable for the death","issue_type":"law","dispositive":"yes","related_facts":"Accused and accomplice acted together in robbery, both accused each other of throwing the stone"}
{"issue_text":"Whether the accused had the necessary intention to kill","issue_type":"law","dispositive":"yes","related_facts":"Stone targeted at head, severe force used, deceased immobilized"}

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background

Facts of the Case

Background

On 27 February 2008, the accused and an accomplice attacked the deceased on Rimuka Westview Road, Kadoma, striking him on the head with a stone and robbing him of a mobile phone, wallet, and cap. The deceased died on 1 March 2008 from severe head injuries. The accused was identified through the sale of the stolen phone and made admissions in a warned and cautioned statement.

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