The accused faces a charge of murder, it being alleged that on the 12th of December 2021, he assaulted his wife Silethokuhle Gumbo several times all over the body with a rubber whip, booted feet and open hands intending to kill Silethokuhle Gumbo or realizing that there is a real risk or possibility that his conduct may cause the death of Silethokuhle Gumo but continued to engage in that conduct despite the risk or possibility. The accused denied the charge. He tendered a limited plea of guilty to the lessor charge of culpable homicide. More
MAKONESE J: The offences of malicious damage to property and assault are two distinct offences whose essential elements are separate and dissimilar. The penal provisions for the two offences are not the same. The offences are not similar in nature. Trial magistrates must treat these distinct offences separately with regards sentence. It is clearly incorrect to treat the charges of malicious damage to property and assault as one for the purposes of sentence, even in circumstances where the offences are closely linked in terms of time. A globular sentence is inappropriate for these offences. More
KABASA J: The accused is charged with murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23, in that on 2nd August 2020 at HloniphaniTapsonMoyo’s homestead, Denge Line in Tsholotsho, he unlawfully struck HloniphaniTapsonMoyo with a fire stand once on the head intending to kill him or realising that there was a real risk or possibility that his conduct may cause death and continued to engage in that conduct despite the risk or possibility. More
The accused are appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“Criminal Law Code”). It being alleged that accused 1, accused 2 and one Justice Mbedzi - who is not in this trial - on 26 December 2021 assaulted Cleoparton Nyathi (“deceased”) by stabbing him with a knife, assaulting him with mopane switch and hitting him with stones, intending to kill him or realising that there was a real risk or possibility that their conduct may cause the death of the deceased and... More
MAKONESE J: This matter raises the question of the doctrine of common purpose and its applicability in a matter where an accused admits having participated in the actual assault of the deceased, but avers that he dissociated himself from a fatal assault leading to the death of a victim.It is settled in our law that each individual in a common purpose case is to be judged on his own mensrea. The conduct of the accused on which criminal liability for the crime is founded consists not necessarily in an act which is casually linked with the death of the decease,... More
