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S v CHALUWA 1985 (2) ZLR 121 (S)
Criminal law — sentence — murder — extenuating circumstances — nature D of the crime as a factor — conviction on facts alleged by accused — weight to be given to exculpating portion of accused's version of facts.
The seriousness or gruesomeness of an offence can never exclude the possibility of extenuation. The facts of the case must be considered with possible mitigating circumstances in order to arrive at a proper finding as to the weight to be given to each. Where the conviction is based upon findings that are based on the accused's version, these findings, even if unlikely, cannot be excluded from the consideration of extenuating circumstances.
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