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S v MUBAIWA & ANOR 1992 (2) ZLR 362 (S)

1992 (2) ZLR p362

Citation

1992 (2) ZLR 362 (S)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

Gubbay CJ, McNally JA & Ebrahim JA

Heard

29 October 1992

Judgment

24 November 1992

Counsel

WRS Russell for the appellants
LR Goredema for the respondent

Case Type

Criminal appeal

Annotations

Link to case annotations

Flynote

Appeal — attempted murder — no automatic right of appeal — leave to appeal must be applied for

Criminal law — common purpose — whether second appellant had performed any act of association with the murder and whether he had the requisite intention for murder

Criminal procedure (sentence) — murder — extenuating circumstances — what constitutes — whether present where weapon taken from victim of theft used to kill person intervening to assist victim

Criminal procedure (sentence) — murder — extenuating circumstances — State must not refer to accused's previous convictions at stage when extenuating circumstances are being referred to

Criminal procedure — verdict — competent verdict — murder charge — attempted theft or conspiracy to commit theft not competent verdicts

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