On 1 February 2013, at house number 13889 Cowdray Park, Bulawayo, the 20-year-old accused, Violet Moyo, was working as a domestic worker and child minder for a 10-month-old baby named Ethan Mthabisi Phiri. The baby had flu and was crying. After feeding him porridge around 11:00 hours, the baby started crying. Unable to stop the crying, the accused wrapped the infant completely from head to toe in a heavy two-in-one blanket, then placed him in a closed linen cabinet (headboard drawer) with limited air circulation. She left him there for nearly 3 hours without checking on him while she watched television. When she eventually checked, she found the baby dead. She initially tried to deceive others by placing the baby between the bed and headboard to make it appear he had fallen, but later confessed to the truth. The post-mortem examination concluded that death was due to asphyxia and broncho-aspiration.
The accused was found guilty of murder with actual intent and sentenced to 22 years imprisonment.
Where an accused wraps a 10-month-old infant completely from head to toe in a heavy blanket and places the infant in a closed linen cabinet with limited air circulation for nearly 3 hours, knowing that a person needs air to breathe to survive, death is substantially certain and the accused possesses actual intent to kill, constituting murder with actual intent. The claimed motive of merely wanting to muffle the child's cries does not negate the requisite mens rea for murder where the accused's actions make death substantially certain and the accused appreciates this fact.
The court observed that stories about domestic workers committing various crimes at their places of work are on the increase, and that young couples have endless problems from their child minders. Despite such crimes being widely reported in the media, miscreants do not seem to be deterred. The court remarked that the time has come for adequate and deterrent sentences to be imposed in such cases. The court also emphasized that it will always guard jealously the sanctity of life. The judge noted that the accused would have received no less than 30 years imprisonment but for mitigating factors including being a young woman, a first offender, and having a small baby.
This case is significant in Zimbabwean criminal law as it demonstrates the application of the doctrine of dolus eventualis or actual intent in murder cases where the accused claims lack of intention to kill. The court established that where death is substantially certain from the accused's actions, murder with actual intent can be established even where the accused claims a different motive. The case also reflects judicial concern about increasing crimes by domestic workers and emphasizes the court's role in protecting the sanctity of life, particularly of vulnerable children. The judgment reinforces that deterrent sentences are necessary for such brutal crimes against helpless infants.