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Defence of Accidental Death

HH320-14 : THE STATE vs KUDAKWASHE MUSHANDIRA
Ruled By: BERE J and ASSESSORS: GWERU and MUTOMBA

I have already said that the raising of the defence of provocation and alleging death due to accident on one hand, as the accused has done in this case, is self-destructive. The two are incompatible. Where one alleges provocation, one does not deny or find another explanation for the consequences of his conduct. He accepts his conduct ...
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HH42-16 : THE STATE vs PETRONELLA NYARUGWE
Ruled By: HUNGWE J and ASSESSORS: RAJAH and CHIPERE

If, as the accused says, this was an accident; then, even accepting that the death was a result of her own conduct, which conduct is still unknown, there can be no prima facie case for murder, culpable homicide or even assault. In order to constitute a criminal act, there must be a ...
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HB91-16 : THE STATE vs TENDAI NKOMO
Ruled By: BERE J and ASSESSORS: DUBE and NDLOVU

Secondly, and more importantly, is the accused's averment that all the injuries caused on the deceased were accidentally caused by the knife as the two were tussling for the possession of that knife. This would not make sense given the various points on the deceased's body which came under attack and the depth of those wounds ...
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