THE STATE v XOLISANI SIZIBA

HB 20.20

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Case Details

Court

Bulawayo High Court

Date

7 February 2020

Citation

HB 20.20

Neutral Citation

[2020] ZWHB 20

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kabasa J

Full Bench

Kabasa JMr Ndlovu (Assessor)Mr Sobantu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderCulpable HomicideSelf DefenceIntoxicationProvocationExcessive ForceSection 47 Criminal Law (Codification and Reform) ActSection 253 Criminal Law (Codification and Reform) Act

Key Issues

{"issue_text":"Whether the defence of intoxication is available to the accused","issue_type":"law","dispositive":"no","related_facts":"The accused consumed alcohol and smoked dagga"}
{"issue_text":"Whether the defence of provocation is available to the accused","issue_type":"law","dispositive":"no","related_facts":"The deceased insulted the accused's mother earlier that day"}
{"issue_text":"Whether the defence of self-defence is available to the accused","issue_type":"law/mixed","dispositive":"yes","related_facts":"The accused claimed he was attacked by the deceased and four men"}
{"issue_text":"Whether the force used by the accused was excessive","issue_type":"law/fact","dispositive":"yes","related_facts":"The accused stabbed the deceased three times with severe force"}

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Facts of the Case

Background

The accused was charged with murder for stabbing his girlfriend with a screwdriver during an altercation at a beer hall. He claimed he was acting in self-defence after being attacked by the deceased and four other men, and that he was intoxicated. The court found that while the accused was under attack, the force used was excessive, and defences of intoxication and provocation were not available.

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