The accused was facing a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty but tendered a limited plea to culpable homicide as defined in section 49 of the Criminal Law Code. The state accepted the limited plea. The agreed facts upon which the limited plea acceptance was premised are that on 8 November 2022 at around 1600 hours the deceased who was drunk went to Mahobo Business Centre Lupane and proceeded to Ntuthuko Store where accused was employed. The deceased insulted the accused by his mother’s... More
The accused was arraigned before this Court on 5th October 2020 on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 7th of April, under a Mususu tree along a foot path leading to Mandawe Line, Chief Siphoso, Tsholotsho, the accused unlawfully stabbed Khululani Sibanda with a knife once on the stomach intending to kill him or realising that there was a real risk or possibility that his conduct may cause death but continued to engage in that conduct despite the risk or possibility. More
The accused faces a charge of murder. It being alleged that on the 21st of January 2021 he assaulted his wife Marylene Walters resulting in her death. Accused denies the charge, he was offered a limited plea to a charge of culpable homicide. The following were tendered into the court record:
- the state summary
- the accused’s defence outline
- the accused’s warned and cautioned statement
- the post mortem report
- the sticks that were allegedly used in the commission of the offence. They were all duly marked.
The post mortem report gives the case of death as:... More
The state allegations are that on 10 September 2022 the deceased’s husband left the farm where they resided at Plot 3 Kennelys Nyamandlovu. On 11 September 2022 the accused who was employed at the deceased’s farm made a report to the neighbours that they had been attacked by robbers. The neighbours rushed to the deceased’s home and discovered the deceased’s body lying lifeless on the floor in a pool of blood. In his defence the accused did not dispute assaulting the deceased using a knobkerrie. He also did not deny lying to the neighbours about a robbery. He however explained... More
TAKUVA J: The accused persons were charged with murder in contravention of section 47(1) of the Criminal Law Codification and Reform Act [Chapter 9:23] (the Act). It being alleged that on 26 December 2018 at Ncube’s homestead Fort Rickson the accused persons assaulted the now deceased with stones, a hoe handle and stabbed Edson Hlupho on the left side of the chest intending to kill him or realising that there was a risk or possibility that he might die. More
