S v Jeche (CRB 57 of 2015) [2015] ZWHHC 423 (2 March 2015)

S v Jeche (CRB 57 of 2015) [2015] ZWHHC 423 (2 March 2015)

The State failed to prove intent to kill beyond reasonable doubt; the accused's admitted conduct amounted to negligence causing death, thus culpable homicide was established under s 49 of the Criminal Law (Codification & Reform) Act.

Citation
[2015] ZWHHC 423
Parties
Prosecution: The State; Accused: Maxwell Jeche
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
2 March 2015
Case Number
CRB 57 of 2015
Procedural Posture
Criminal Trial / Judgment
Outcome
conviction for culpable homicide
Legal Topics
Murder, Culpable Homicide, Intention, Negligence, Effect of Intoxication
Source Language
English
Criminal Law Murder Culpable Homicide Intention Negligence Effect of Intoxication

Case Brief

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Parties

The State

Prosecution

Maxwell Jeche

Accused

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused had the intention to kill the deceased
  2. 2 Whether the accused's conduct amounted to murder or culpable homicide

Ratio Decidendi

The State failed to prove intent to kill beyond reasonable doubt; the accused's admitted conduct amounted to negligence causing death, thus culpable homicide was established under s 49 of the Criminal Law (Codification & Reform) Act.

Court Disposition

conviction for culpable homicide

Orders

  • Accused convicted of culpable homicide as defined in s 49 of the Criminal Law (Codification & Reform) Act