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Bulawayo High Court

THE STATE v WILLIAM HLAMBELO

HB 251/20

Case Details

Court
Bulawayo High Court
Date
8 October 2020
Citation
HB 251/20
Neutral Citation
[2020] ZWHB 251
Outcome
unknown
Case Type
Application

Bench

Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA J
Areas of Law
Criminal ProcedureCriminal Law
Keywords
Discharge at close of State casePrima facie caseMurder trial
Tags
MurderDischarge ApplicationSection 198(3)
legislation
Statutes Cited
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
  • Criminal Law [Codification and Reform] Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether there is no evidence that the accused committed the offence charged at the close of the State case","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of evidence placing accused at scene and implicating him in murder"}
  • {"issue_text":"Whether the State has established a prima facie case requiring the accused to reply","issue_type":"procedural","dispositive":"yes\n### ARGUMENTS SECTION","related_facts":"Quality and reliability of State witness testimony"}
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background
Facts of the Case

Background

The accused is charged with murder for allegedly striking Hero Mkandla with an axe on 26 May 2019 at M.H. Bottle Store in Lonely Mine, Inyathi. The deceased sustained head trauma and later died on 6 September 2019 from subdural haematoma and skull fractures. At the close of the State case, the prosecution conceded there was no prima facie case, but the court found there was sufficient evidence requiring the accused to reply.
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