THE STATE v VENGESAI PEPUKAI

HMA 12-19

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Case Details

Court

Masvingo High Court

Date

15 March 2019

Citation

HMA 12-19

Neutral Citation

[2019] ZWHMA 12

Outcome

unknown

Case Type

Trial

Bench

Presiding

Mawadze J

Full Bench

Mawadze J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Murder with actual intentCulpable homicideStabbingProvocationSelf-defence

Key Issues

{"issue_text":"Whether the accused committed murder with actual intent as defined in section 47(1)(a) of the Criminal Code","issue_type":"law","dispositive":"yes","related_facts":"The nature of the wound, the accused's actions before and after the stabbing, the accused's statements to relatives"}
{"issue_text":"Whether the accused has any valid defence (provocation, self-defence, or mistake)","issue_type":"law","dispositive":"yes","related_facts":"The alleged adultery, the stone-throwing incident, the events inside the bottle store"}
{"issue_text":"Whether the accused is guilty of culpable homicide instead of murder","issue_type":"law","dispositive":"yes","related_facts":"The accused's admission to culpable homicide, the nature of the incident"}

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background

Facts of the Case

Background

The accused, Vengesai Pepukai, fatally stabbed Peter Musariri with a sharpened iron bar at a bottle store. The accused claimed the stabbing occurred accidentally during a struggle over the iron bar, while the State alleged a deliberate attack motivated by a grudge over the deceased's alleged adultery with the accused's wife.

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