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Harare High Court
THE STATE v WEBSTER CHORUMA and ACTION CHORUMA
HH 103-2010
Case Details
Court
Harare High Court
Date
18 June 2010
Citation
HH 103-2010
Neutral Citation
[2010] ZWHH 103
Outcome
unknown
Case Type
Trial
Bench
Presiding
UCHENA J
Full Bench
UCHENA JMESSERS CHIDYAUSIKUBARWA
Areas of Law
Criminal LawCriminal Procedure
Keywords
MurderSelf DefenceDefence of PersonAccessory After The FactS 253 of the CodeS 207 of the CodeS 208 of the Code
Tags
MurderSelf DefenceAccessory After The FactJuvenile Offender
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first accused acted in lawful self-defence when striking the deceased","issue_type":"law","dispositive":"yes","related_facts":"Deceased cornered first accused with raised spear; first accused struck once; postmortem confirmed one blow"}
- {"issue_text":"Whether the second accused can be convicted of murder as a principal or only as an accessory after the fact","issue_type":"law","dispositive":"yes","related_facts":"Second accused assisted after fatal blow was delivered; gave false information to police; hid weapon"}
- {"issue_text":"Whether an accessory after the fact can be convicted when the principal perpetrator is acquitted","issue_type":"law","dispositive":"yes","related_facts":"First accused acquitted on self-defence; second accused assisted first accused"}
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background
Facts of the Case
Background
The first and second accused, grandsons of the deceased, were charged with murder. The first accused claimed he struck the deceased once in self-defence after the deceased cornered him with a raised spear. The second accused assisted the first accused after the incident by giving false information to the police and hiding the weapon. The court accepted the first accused's self-defence claim but convicted the second accused as an accessory after the fact to murder.
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