This is a stated case whereupon the defence and the State counsels plea bargained from murder to the competent verdict of culpable homicide. This is after the State discovered that the evidence from its two eye witnesses is contradictory, each supporting either side. The facts as summarized in the statement of agreed facts are that the accused who was then employed as an armed security guard stationed at Oliander Mine, Chakari shot and killed the deceased on point blank on the right side of the head. The deceased Prince Mutimukulu an occasional employee of the same company died instantly on... More
The accused was convicted of escaping from lawful custody as defined in s185 (1) b of the Criminal Law Codification and Reform Act [Chapter 9:23]‘the Criminal Code’. He had a previous conviction of unlawful entry into premises in contravention of s131 of the Criminal Code, for which a portion of imprisonment was suspended on condition that the accused did not commit any offence involving dishonesty during the period of suspension, When the Court convicted him of escaping from lawful custody, it brought into effect the suspended sentence. This was a misdirection. More
Initially the accused, Faithfully Khumalo had been jointly charged with her husband Fredrick Mucharaga, on the charge of murdering her eleven-year- old son, Anele Khumalo. The husband is reportedly critically ill and bedridden. He therefore, was not able to stand trial. An application in terms of s190 of the Criminal Procedure Evidence and Reform Act Chapter 9:07, to amend pleadings and file those reflecting only the accused was made and granted. She was charged with murder as defined in s47 (1) of the Criminal Law Codification and Reform Act Chapter 9:23. She pleaded not guilty to the charge. More
The seven accused persons have been arraigned on a charge of murder in terms of s 47(1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. They have all denied the charge by pleading not guilty. It is accused 2, 3, 4, 5 and 6’s defence that they were neither present nor participated in the commission of the offence. Accused 1 admits being part of the group which accosted and assaulted the deceased rival gang but denies being present at the time the deceased was being assaulted to death. Accused 7 does not deny his presence or his participation... More
