S v Mushongandebvu (CA 895 of 2010; CRB R 476 of 2009; HH 144 of 2016) [2016] ZWHHC 144 (18 February 2016)

S v Mushongandebvu (CA 895 of 2010; CRB R 476 of 2009; HH 144 of 2016) [2016] ZWHHC 144 (18 February 2016)

The appellant did not have the actual intention to murder the complainant nor did he realize a real risk or possibility of harm. The evidence favored the appellant's version, and the conviction was unsafe. The compensation order was set aside as it followed an erroneous conviction.

Citation
[2016] ZWHHC 144
Parties
Appellant: Blesswell Mushongandebvu; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 February 2016
Case Number
CA 895 of 2010 ; CRB R 476 of 2009 ; HH 144 of 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; conviction quashed; appellant acquitted; compensation order set aside.
Legal Topics
Attempted Murder, Appeal, Compensation Order
Source Language
English
Criminal Law Attempted Murder Appeal Compensation Order

Case Brief

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Parties

Blesswell Mushongandebvu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for attempted murder was safe based on the evidence
  2. 2 Whether the compensation order was properly granted

Ratio Decidendi

The appellant did not have the actual intention to murder the complainant nor did he realize a real risk or possibility of harm. The evidence favored the appellant's version, and the conviction was unsafe. The compensation order was set aside as it followed an erroneous conviction.

Court Disposition

Appeal allowed; conviction quashed; appellant acquitted; compensation order set aside.

Orders

  • The appellant’s appeal is upheld.
  • The conviction of the appellant is quashed and the sentence set aside.