THE STATE v HARMONY KAMBASHA and MALCOM KAMBASHA

HH 198-13

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Case Details

Court

Harare High Court

Date

19 June 2013

Citation

HH 198-13

Neutral Citation

[2013] ZWHH 198

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Criminal LawSentencing Law

Keywords

Culpable HomicideNegligenceDuty of CareNon-custodial sentenceAssault

Key Issues

{"issue_text":"What is the appropriate sentence for culpable homicide based on negligence where accused voluntarily assumed duty of care but failed to discharge it?","issue_type":"law","dispositive":"yes","related_facts":"Accused assumed custody of seriously injured deceased but failed to take reasonable care to avert death"}
{"issue_text":"Whether the accused's failure to discharge duty of care constitutes culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"Accused knew deceased was seriously injured but failed to take reasonable care"}

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background

Facts of the Case

Background

The deceased was apprehended at Tarlington Farm in possession of stolen irrigation pipes on the night of 24 August 2007 and was severely assaulted by members of the public. The deceased and the stolen pipes were then surrendered to the two accused persons at Bodele Farm, where the deceased was placed under the custody of a guard. The accused failed to take reasonable care to avert death despite realizing the deceased was seriously injured.

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