HIGH COURT OF ZIMBABAWE
HARARE, 26, 27 MARCH & 4, 10 & 24 APRIL, 11, 22 & 24 MAY 2018
Assessors: 1. Mr Musengezi
2. Mr Mafunga
Mr T Kasema, for the State
Mr T Muganhiri, for the accused
TSANGA J: The accused faced a charge of murder for killing his 60 year old grandfather. The trial was informed by certain agreed facts which were not in dispute. What was in issue was the question of mens rea and the accused’s intention. The agreed facts as placed before the court were as follows:
- The deceased was the accused person’s grandfather.
- On the 13th of October 2009 at around 17:00 and at Sanyati turn off the accused and the deceased had a heated argument.
- The accused then assaulted the deceased with a walking stick which the deceased had. The assault was after he had disarmed him of the stick.
- The accused assaulted the deceased on the body and on the head with the stick until it broke.
- The deceased sustained injuries on the head and bled profusely.
- The deceased was taken to Sanyati Hospital where he died.
- A post-mortem report was carried out on the remains of the deceased and a post-mortem report was compiled.