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S v HURLE & ORS (2) 1998 (2) ZLR 42 (H)

1998 (2) ZLR p42

Citation

1998 (2) ZLR 42 (H)

Case No

Judgment No. HH-105-98

Court

High Court, Harare

Judge

Gillespie J and assessors

Heard

26, 27 & 29 May, 1-3 & 26 June 1998

Judgment

3 July 1998

Counsel

R K Tokwe, for the State
Miss D Ruzvidzo, for the first accused
I A Ahmed, for the second accused
Miss C A F Finlayson, for the third accused

Case Type

Criminal trial

Annotations

Link to case annotations

Flynote

Criminal law — defences — voluntary intoxication - extent to which it may be a defence to charge of murder — crimes requiring "special intent" — inconsistency of approach in previous judicial decisions — why policy considerations demand that voluntary intoxication should never be a complete defence to a charge of murder, in spite of apparent illogicality of such a conclusion

Criminal law — general principles — intention — "special intent" doctrine — whether has any place in our law

Evidence — affidavit — medical report — proper procedure for recording — impropriety of commissioner of oaths signing in absence of deponent

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