S v Nziradzafa (CRB 105 of 2013) [2015] ZWHHC 325 (3 March 2015)

S v Nziradzafa (CRB 105 of 2013) [2015] ZWHHC 325 (3 March 2015)

The accused's belief in witchcraft and voluntary intoxication did not deprive him of the capacity to realise the risk of death or serious injury from his actions. The defences of provocation and intoxication were rejected. The accused is guilty of murder with constructive intent.

Source-derived case information.

Citation
[2015] ZWHHC 325
Parties
Prosecution: The State; Accused: Gift Nziradzafa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
3 March 2015
Case Number
CRB 105 of 2013
Procedural Posture
Criminal Trial / Judgment
Outcome
guilty of murder with constructive intent
Legal Topics
Murder, Provocation, Intoxication, Constructive Intent
Source Language
english
Criminal Law Murder Provocation Intoxication Constructive Intent

Source-derived case record

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Parties

The State

Prosecution

Gift Nziradzafa

Accused

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]
  2. 2 Whether the defences of provocation and intoxication are available to the accused

Ratio Decidendi

The accused's belief in witchcraft and voluntary intoxication did not deprive him of the capacity to realise the risk of death or serious injury from his actions. The defences of provocation and intoxication were rejected. The accused is guilty of murder with constructive intent.

Court Disposition

guilty of murder with constructive intent