Richard David Thompson v The State

HH 259-2010

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Case Details

Court

Harare High Court

Date

24 November 2010

Citation

HH 259-2010

Neutral Citation

[2010] ZWHH 259

Outcome

unknown

Case Type

Appeal

Bench

Presiding

KUDYA J

Full Bench

KUDYA JUCHENA JCHATUKUTA J

Areas of Law

Criminal lawNegligenceMotor vehicle law

Keywords

culpable homicidenegligencespeedschool childrensudden emergencyforeseeability

Key Issues

{"issue_text":"Whether the appellant was negligent in causing the death of the deceased","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's speed, failure to observe warning signs, tall grass obscuring visibility"}
{"issue_text":"Whether the doctrine of sudden emergency applies to exonerate the appellant","issue_type":"law","dispositive":"no","related_facts":"Child's sudden appearance in road, appellant's immediate reaction"}

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background

Facts of the Case

Background

The appellant was convicted of culpable homicide after his vehicle struck and killed a 9-year-old school child who suddenly ran onto the road from behind tall grass near Mabika Primary School. The child hesitated in the center of the road before running into the opposite lane where she was struck.

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