S v Dera (CRB 52 of 2015) [2015] ZWHHC 425 (2 March 2015)

S v Dera (CRB 52 of 2015) [2015] ZWHHC 425 (2 March 2015)

The accused realised the real risk of death or serious injury when he struck the deceased several times on the head with stones and persisted in his conduct, demonstrating legal intention for murder under s 47(1)(b). The claim of self-defence was not supported by evidence and was inconsistent with the accused's initial statements.

Citation
[2015] ZWHHC 425
Parties
Prosecution: The State; Accused: Timothy Dera
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
2 March 2015
Case Number
CRB 52 of 2015
Procedural Posture
Criminal Trial / Judgment
Outcome
guilty of murder as defined in s 47(1)(b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]
Legal Topics
Murder, Self Defence, Intention, Use of Force
Source Language
English
Criminal Law Murder Self Defence Intention Use of Force

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Parties

The State

Prosecution

Timothy Dera

Accused

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused intended to kill the deceased or foresaw the risk of death or serious injury resulting from his actions
  2. 2 Whether the accused's claim of self-defence is supported by evidence

Ratio Decidendi

The accused realised the real risk of death or serious injury when he struck the deceased several times on the head with stones and persisted in his conduct, demonstrating legal intention for murder under s 47(1)(b). The claim of self-defence was not supported by evidence and was inconsistent with the accused's initial statements.

Court Disposition

guilty of murder as defined in s 47(1)(b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]