The State v Accused (Criminal Review)

HH 768-18

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Case Details

Court

Harare High Court

Date

16 November 2018

Citation

HH 768-18

Neutral Citation

[2018] ZWHH 768

Outcome

unknown

Case Type

Review

Bench

Presiding

CHATUKUTA J

Full Bench

CHATUKUTA J

Areas of Law

Criminal lawRoad traffic law

Keywords

culpable homicidenegligent drivingdriving without due care and attentionveld fireaccidentprohibition from drivinglicence cancellation

Key Issues

{"issue_text":"Whether the trial magistrate erred in finding that accused's conduct amounted to driving without due care and attention rather than negligent driving","issue_type":"law","dispositive":"no","related_facts":"Accused's driving conduct during veld-fire conditions"}
{"issue_text":"Whether the trial magistrate was required to prohibit the accused from driving or cancel his licence under s 64(3) of the Road Traffic Act","issue_type":"law","dispositive":"yes","related_facts":"Conviction for culpable homicide arising from traffic accident"}

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background

Facts of the Case

Background

On 9 October 2016, the accused was driving a Yutong bus with 50 passengers along Harare-Mutare Road when visibility was impaired by smoke from a veld-fire. He failed to observe a Nissan Presage reducing speed ahead and collided with it, resulting in the death of one passenger.

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