The Prosecutor-General v Trust Kavhu

HH 294-17

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Case Details

Court

Harare High Court

Date

10 May 2017

Citation

HH 294-17

Neutral Citation

ZWHH 294-17

Outcome

unknown

Case Type

Appeal

Bench

Presiding

HUNGWE J

Full Bench

HUNGWE JMUSHORE J

Areas of Law

Criminal lawCriminal procedureRoad traffic law

Keywords

Culpable homicideNegligent drivingAppeal against acquittalPoint of lawUnreasonable factual findings

Key Issues

{"issue_text":"Whether the trial magistrate's acquittal was based on a view of facts which could not reasonably be entertained","issue_type":"fact","dispositive":"yes","related_facts":"The finding that the deceased was crossing the road and created a hazard; the disregard of evidence that she was on the grass verge"}
{"issue_text":"Whether the accused was negligent in his manner of driving","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to keep proper lookout; failure to stop when accident seemed imminent; excessive speed"}

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background

Facts of the Case

Background

The respondent was charged with culpable homicide after allegedly negligently causing the death of a pedestrian who had disembarked from a stationary commuter omnibus. The magistrates court acquitted him, finding that the deceased had created a hazard by crossing the road unexpectedly. The Prosecutor-General appealed against this acquittal.

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