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S v RUSIKE & ANOR 2019 (3) ZLR 446 (S)

2019 (3) ZLR p446

Citation

2019 (3) ZLR 446 (S)

Case No

Judgment No. S-68-19

Court

Supreme Court, Harare

Judge

Gowora JA, Mavangira JA & Ziyambi AJA

Heard

26 June 2017

Judgment

23 August 2019

Counsel

T T G Musarurwa, for the first appellant
A Demo, for the second appellant
I Muchini, for the respondent

Case Type

Criminal appeal

Annotations

Flynote

Criminal law – offences under Criminal Law Code – murder – intent – actual intent – subjective test for – committing such an act that it must have been within accused's contemplation that death would result – distinction to be drawn between intent and desire

Criminal procedure (sentence) – offences under Criminal Law Code – murder – allocutus when court considering passing of death sentence – statement made by accused in answer to allocutus – when such statement may affect verdict or permissible sentence

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