THE STATE v ZEXTEEN DZEMWA

HH 808-22

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Case Details

Court

Harare High Court

Date

11 November 2022

Citation

HH 808-22

Neutral Citation

[2022] ZWHH 808

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUTEVEDZI J

Full Bench

MUTEVEDZI J

Areas of Law

Criminal LawEvidence Law

Keywords

Insane AutomatismSane AutomatismMens ReaCriminal CapacityMental Health Act

Key Issues

{"issue_text":"Whether the accused had the requisite mens rea to commit the crime of murder.","issue_type":"fact","dispositive":"yes","related_facts":"The accused's state of mind during the attack; his lack of memory; his unusual behaviour."}
{"issue_text":"Whether the accused's conduct was involuntary due to insane automatism, thus constituting a complete defence.","issue_type":"law","dispositive":"yes","related_facts":"The accused's claim of being in a trance; the presence of a potential underlying mental disorder."}
{"issue_text":"Whether the accused can rely on the defence of sane automatism.","issue_type":"law","dispositive":"yes","related_facts":"The evidence of external psychological and emotional stress; the lack of medical evidence of a disease of the mind."}

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background

Facts of the Case

Background

The accused, Zexteen Dzemwa, was charged with the murder of his daughter, Valentine Nyasha Dzemwa, after attacking her with an axe. He claimed he had no memory of the event, alleging he was in a state of "insane automatism" caused by a supernatural force or underlying mental condition. The court had to determine whether he possessed the requisite mens rea for the crime.

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