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S v KUFAKWEMBA & ORS 2016 (2) ZLR 627 (H)

Citation

2016 (2) ZLR 627 (H)

Case No

Judgment No. HH-795-16

Court

High Court, Harare

Judge

Chatukuta J

Heard

8 December 2016

Judgment

8 December 2016

Counsel

C Chimbari with Mr Nyazamba, for the State
M Moyo, for the first accused
S Rugwaro with Mr Uchena for the second accused
Mr Kunze, for the third accused
Mr Mboko, for the fourth accused

Case Type

Criminal trial

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – section 48 – right to life – permissibility of death penalty for murder where aggravating circumstances exist – requirement that "a law" should define what constitute aggravating circumstances – "Law" not limited to Act of Parliament – can include judicial precedent.

Criminal procedure – sentence – Offences under Criminal Law (Codification and Reform) Act [Chapter 9:23] – murder – death penalty competent when murder committed in aggravating circumstances – what constitute – murder committed during armed robbery – such murder committed in aggravating circumstances.

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