S v Machembo (CRB 1190 of 2007) [2008] ZWHHC 2 (15 January 2008)

S v Machembo (CRB 1190 of 2007) [2008] ZWHHC 2 (15 January 2008)

The accused's failure to stop for police was negligent but the death was not a reasonably foreseeable consequence of his conduct; the death was caused by the police officer's shooting, not by the accused's driving.

Citation
[2008] ZWHHC 2
Parties
Prosecution: The State; Accused: Shupikayi Machembo
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 January 2008
Case Number
CRB 1190 of 2007
Procedural Posture
Criminal Review / Judgment on Review
Outcome
Conviction and sentence set aside
Legal Topics
Culpable Homicide, Negligence, Foreseeability, Road Traffic Offences
Source Language
English
Criminal Law Culpable Homicide Negligence Foreseeability Road Traffic Offences

Case Brief

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Parties

The State

Prosecution

Shupikayi Machembo

Accused

Procedural Posture

Criminal Review / Judgment on Review

Legal Issues

  1. 1 Whether the accused's negligent conduct caused the death and whether death was reasonably foreseeable as a result of his actions

Ratio Decidendi

The accused's failure to stop for police was negligent but the death was not a reasonably foreseeable consequence of his conduct; the death was caused by the police officer's shooting, not by the accused's driving.

Court Disposition

Conviction and sentence set aside

Orders

  • Conviction and sentence for culpable homicide set aside
  • Accused to be refunded the fine paid