THE STATE versus BELIEVE MPOFU

HCC 08/25

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Case Details

Court

Chinhoyi High Court

Date

8 November 2024

Citation

HCC 08/25

Neutral Citation

[2024] ZWHCC 08

Outcome

unknown

Case Type

Trial

Bench

Presiding

BACHI MZAWAZI J

Full Bench

BACHI MZAWAZI JMr Mutombwa (Assessor)Mrs Mateva (Assessor)

Areas of Law

Criminal LawMurderDefences

Keywords

MurderKnife attackSelf-defenceProvocationConstructive intentCulpable homicide

Key Issues

{"issue_text":"Whether the accused is guilty of murder with constructive intent for the first count","issue_type":"law","dispositive":"yes","related_facts":"Accused's actions with knife, realization of risk, continued conduct despite risk"}
{"issue_text":"Whether the accused is guilty of murder or culpable homicide for the second count","issue_type":"law","dispositive":"yes","related_facts":"Second deceased's attempt to intervene, accused's response without ascertainment"}
{"issue_text":"Whether the defences of provocation and self-defence are sustainable","issue_type":"law","dispositive":"yes","related_facts":"Accused's version of events, witness testimony, lack of injuries on accused"}

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background

Facts of the Case

Background

The accused, Believe Mpofu, was charged with two counts of murder for fatally stabbing Sadamu Mawuka (aged 30) and Simbarashe Mukono (aged 45) on April 18, 2024, at Tutsi Mine Milling Tuckshop. The second deceased was the accused's estranged father. The accused raised defences of provocation and self-defence, claiming he acted in defence of himself and his father after being attacked by the first deceased.

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