THE STATE

versus

GIFT MOYO

HIGH COURT OF ZIMBABWE

MATHONSI J

GWERU 24 MAY 2018

Criminal Trial

M Shumba for the state

Ms G Nyabawa for the accused

            MATHONSI J:          The accused has been brought before this court on a charge of murder in breach of section 47 (1) of the Criminal Law Code [Chapter 9:23].  The allegations are that on 19 August 2015 and at “C” Mine Beerhall in Mberengwa he unlawfully caused the death of Stephen Mpofu (the deceased) by stabbing him with a knife once on the abdomen, intending to kill him or realizing that there was a real risk or possibility that his conduct may cause death.

            The accused has pleaded not guilty to the charge of murder.  He has however tendered a limited plea of guilty to culpable homicide which has been embraced by the state.  As a result, the matter is proceeding by way of a statement of agreed facts penned by both counsel.  According to that statement the accused was aged 28 at the material time and resided at Chigigwa village under chief Mapiravana Mberengwa while the 33 year old deceased lived at Ganunu village under Chief Mapanzure in Mberengwa.

            On 19 August 2015 at about 2015 hours both of them were at a gambling school near “C” mine beerhall veranda when a misunderstanding arose over a sum of $5-00 which the deceased owed the accused.  The deceased threatened to beat up the accused causing the accused to flee.  Although the accused returned to the scene later to demand his money the deceased once again