THE STATE v WISDOM MANGENA

HB 32/20

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Case Details

Court

Bulawayo High Court

Date

7 February 2020

Citation

HB 32/20

Neutral Citation

[2020] ZWHB 32

Outcome

unknown

Case Type

Trial

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE JMr W. Matemba (Assessor)Ms C. Baye (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

okapi knifestab woundhaemorrhagic shockplea of guiltymitigation

Key Issues

{"issue_text":"Whether the accused had the requisite mens rea to constitute murder","issue_type":"law","dispositive":"yes","related_facts":"The accused's admission that he had no intention to kill; the circumstances of provocation and assault by the deceased"}
{"issue_text":"Whether the accused's actions constituted culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"The stabbing with an okapi knife causing death; the lack of intention to kill"}
{"issue_text":"What is the appropriate sentence for the accused","issue_type":"law","dispositive":"yes","related_facts":"The accused is a first offender aged 18; he pleaded guilty; showed remorse; spent 1 year 5 months in custody; the deceased was the aggressor"}

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background

Facts of the Case

Background

On 24 April 2018, the accused and deceased had a misunderstanding at a kitchen, which escalated when the deceased assaulted the accused. The deceased pursued the accused to Deo Night Club where he assaulted the accused again. The accused then stabbed the deceased twice with an okapi knife, causing his death from haemorrhagic shock.

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