HB 156-18 THE STATE versus NYASHA MANDANDA

THE STATE

versus

NYASHA MANDANDA

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

GWERU 29 MAY 2018 AND 30 MAY 2018

 

 

Criminal Trial

 

 

T Mupariwa for the state

Z Tapera for the accused

 

 

            MATHONSI J:          The accused is charged with the murder of his wife Natsiwe Moyo who, at the time of her death, was aged 23 and lived with the accused at Vanguard Mining Compound in Mberengwa.  The specific allegations are that on 23 March 2017 at that Mining Compound, the accused had unlawfully caused the death of the deceased by stabbing her with a knife above the collarbone intending to kill her or realizing the real risk or possibility of that conduct causing death but continuing with it notwithstanding.

            The accused pleaded not guilty to the charge and surprisingly did not even offer a lessor plea of guilty to culpable homicide given the circumstances under which his wife died.  Instead the accused appeared to raise in his defence outline the defence of person in an effort to ward off the charge.  He stated that on the fateful day the deceased had become abusive towards him by insulting him over a cellphone issue which had long been resolved.  She had then become violent and started assaulting him with a frying pan inflicting injuries on the back of his head.

            After assaulting him with a pan the deceased picked up a knife and advanced towards him intending to harm him and screaming that she would kill the accused.  This forced him to flee with the deceased in hot pursuit.  At some point the accused disarmed the deceased who still 

Download File: 

Tags: