THE STATE v NTANDO NYATHI & 4 OTHERS

Key Issues

• {"issue_text":"Whether the State has established a prima facie case against the accused persons at the close of its case.","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence of assault and cause of death"}
• {"issue_text":"Whether credibility issues and inconsistencies in State witness testimony warrant discharge at this stage.","issue_type":"procedural","dispositive":"no","related_facts":"Defence counsel's submission on inconsistencies"}
• {"issue_text":"Whether the court can consider whether the evidence proves murder or a lesser competent verdict when deciding a discharge application.","issue_type":"law","dispositive":"yes","related_facts":"State counsel's submission that evidence might prove culpable homicide"}
• {"issue_text":"Whether the defence of de minimis non curat lex can be considered at the discharge stage.","issue_type":"law","dispositive":"no","related_facts":"Accused 5's submission that slaps were trivial"}

Background