Zimbabwe Case Law

S v Mazarira and 6 Others (46 of 2024)

S v Mazarira and 6 Others (46 of 2024) [2024] ZWCHHC 46 (11 June 2024)

Court

Chinhoyi High Court

Case number

46 of 2024

The court found that accused 1, 2, 4, 6, and 7 acted in concert and with constructive intent to kill, as evidenced by their coordinated and persistent assaults on the deceased, resulting in foreseeable death. The State failed to prove guilt against accused 3 and 5, who were acquitted due to lack of evidence and credible alibi.

Source excerpt

• Murder
• Common purpose
• Constructive intent
• Sentencing
• Alibi defence

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S v Chitsa (33 of 2024)

S v Chitsa (33 of 2024) [2024] ZWCHHC 33 (13 March 2024)

Court

Chinhoyi High Court

Case number

33 of 2024

The accused, though under the influence of drugs, retained sufficient mental capacity to recall and narrate the events, and his intoxication did not negate constructive intent. The court found him guilty of murder with constructive intent, not actual intent, and disregarded the alleged ritual motive due to lack of probative value in the warned and cautioned statement.

Source excerpt

• Murder
• Voluntary intoxication
• Constructive intent
• Domestic violence
• Sentencing

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State v Goodzi and Others (197 of 2024)

State v Goodzi and Others (197 of 2024) [2024] ZWHHC 197 (12 January 2024)

Court

Harare High Court

Case number

197 of 2024

Accused 1 and 3 were found to have participated in a sustained and brutal assault on the deceased, using booted feet, a pick handle, and a rubber-like rope, while the deceased was tied to a tree. Their conduct showed they foresaw the risk of death but continued regardless, satisfying the requirements for murder with constructive intent under section 47(1)(b). Accused 2's participation was not satisfactorily established; mere presence is insufficient for complicity.

Source excerpt

• Murder
• Constructive intent
• Sentencing
• Joint criminal liability

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Sithole v State (14 of 2024)

Sithole v State (14 of 2024) [2024] ZWSC 14 (11 January 2024)

Court

Supreme Court of Zimbabwe

Case number

14 of 2024

The Supreme Court of Zimbabwe dismissed Spencer Sithole’s application for condonation and extension of time to seek leave to appeal against a murder conviction.

• Murder
• Constructive intent
• Provocation
• Condonation
• Leave to appeal
• Criminal-law

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S v Kuka (22 of 2023)

S v Kuka (22 of 2023) [2023] ZWMTHC 3 (20 June 2023)

Court

Mutare High Court

Case number

22 of 2023

The accused was not under any unlawful attack and his defence of self-defence fails. By using a dangerous weapon with severe force on a vulnerable part of the body, the accused had constructive intent to cause death.

Source excerpt

• Murder
• Self-defence
• Constructive intent

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S v Muumbe (4 of 2023)

S v Muumbe (4 of 2023) [2023] ZWMSVHC 16 (17 February 2023)

Court

Masvingo High Court

Case number

4 of 2023

The High Court held that the accused was the aggressor, not acting in self-defence, and convicted him of murder with constructive intent.

• Murder
• Self-defence
• Constructive intent
• Constructive-intent
• Criminal-trial

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S v Zhakata (CRB67/22; HCC32-22)

S v Zhakata (CRB67/22; HCC32-22) [2022] ZWCHHC 1 (26 October 2022)

Court

Chinhoyi High Court

Case number

CRB67/22 ; HCC32-22

The accused was entitled to defend himself due to imminent threat but exceeded the bounds of self-defence by continuing to assault the deceased after the threat had ceased, acting out of anger and vengeance. The means used were disproportionate, negating full self-defence and establishing constructive intent for murder.

Source excerpt

• Murder
• Self-defence
• Constructive intent
• Sentencing

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S v Chivende (178 of 2022)

S v Chivende (178 of 2022) [2022] ZWBHC 178 (18 May 2022)

Court

Bulawayo High Court

Case number

178 of 2022

The accused must have foreseen the possibility of death from strangulation, and his actions allow the inference of constructive intent to kill. Provocation and drunkenness defences are rejected based on the accused's own detailed account and lack of credible evidence of loss of self-control or incapacity.

Source excerpt

• Murder
• Constructive intent
• Provocation
• Drunkenness
• Culpable homicide

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S v Mbano & 2 Ors (HB 154 of 2017; HC CRB 30 of 2014)

S v Mbano & 2 Ors (HB 154 of 2017; HC CRB 30 of 2014) [2017] ZWBHC 154 (7 June 2017)

Court

Bulawayo High Court

Case number

HB 154 of 2017 ; HC CRB 30 of 2014

Three mine workers were convicted of murdering a fellow worker in a gang attack. The court relied on circumstantial evidence, credible testimony and confessions.

• Murder
• Constructive intent
• Circumstantial evidence
• Confession
• Sentencing
• Constructive-intent

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S v Muchini (CRB 4 of 2017; HMA 4 of 2017)

S v Muchini (CRB 4 of 2017; HMA 4 of 2017) [2017] ZWMSVHC 4 (10 February 2017)

Court

Masvingo High Court

Case number

CRB 4 of 2017 ; HMA 4 of 2017

The accused was not acting in self-defence or provocation when he chased and fatally assaulted the deceased; he acted out of anger and with constructive intent, realising the risk of death but proceeding regardless.

Source excerpt

• Murder
• Self-defence
• Provocation
• Constructive intent
• Sentencing

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