Protected areas (general)

S v Mupawaenda (CRB 200/15) [2016] ZWHHC 40 (04 November 2015);

 

 

1

HH 40-16

CRB 200/15

 

THE STATE

versus

SIMBARASHE LEONARD MUPAWAENDA

 

 

 

HIGH COURT OF ZIMBABWE

HUNGWE J

MUTARE, 27 October 2015; 2, 3 & 4 November 2015

 

 

 

Assessors         1. Mr Rajah

                        2. Mr Chipere

 

 

 

Criminal Trial

 

 

 

M Musarurwa, for the state

In this case, the High Court considered a murder charge and whether the defence of private defence and/or the defence of property was sufficient to warrant an acquittal. 

The accused was employed as a security guard by a private security company. While on duty he shot and killed an illegal diamond panner. Against the murder charge, the accused raised the defence of private defence and the defence of property. The facts were not disputed that the accused and his colleague were attacked by a mob of illegal panners who threatened to kill them. The accused fired a warning shot but the mob persisted until he fired the deadly shot which dispersed the mob. 

The court held that the accused was lawfully employed to protect the employer’s assets from theft and entitled by law to protect himself. The court found that in this case a warning shot had been given and the life of the accused was in danger. The court held further that the action in self-defence was not disproportionate or unreasonable. Accordingly, the court found the accused not guilty and he was acquitted.

Subscribe to Protected areas (general)