Sv Hahlekiye (CRB 165 of 2016; HH 260 of 2017) [2016] ZWHHC 260 (24 October 2016)

Sv Hahlekiye (CRB 165 of 2016; HH 260 of 2017) [2016] ZWHHC 260 (24 October 2016)

The accused realised there was a real risk or possibility that his conduct might result in the death of the deceased, an 86-year-old man, and persisted in that conduct. He is therefore guilty of murder as defined in section 47(1)(b) of the Criminal Law Code.

Citation
[2016] ZWHHC 260
Parties
Prosecutor: The State; Accused: Bothwell Hahlekiye
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
24 October 2016 24 October 2016 27 April 2016
Case Number
CRB 165 of 2016 ; HH 260 of 2017
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
Convicted of murder under section 47(1)(b) of the Criminal Law Code; sentenced to 20 years imprisonment.
Legal Topics
Murder, Intention (mens Rea), Assault, Sentencing
Source Language
English
Criminal Law Murder Intention (mens Rea) Assault Sentencing

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Parties

The State

Prosecutor

Bothwell Hahlekiye

Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused had the requisite intention (actual or constructive) to kill the deceased
  2. 2 Whether the accused's actions caused the death of the deceased

Ratio Decidendi

The accused realised there was a real risk or possibility that his conduct might result in the death of the deceased, an 86-year-old man, and persisted in that conduct. He is therefore guilty of murder as defined in section 47(1)(b) of the Criminal Law Code.

Court Disposition

Convicted of murder under section 47(1)(b) of the Criminal Law Code; sentenced to 20 years imprisonment.

Orders

  • Accused sentenced to 20 years imprisonment.