THE State V Japhet Mapfumo

### Preamble
1
HB 78/20
HC (CRB) 26/20
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THE STATE

Versus

JAPHET MAPFUMO

IN THE HIGH COURT OF ZIMBABWE

MOYO J with Assessors Mr A. Ndlovu & Mr N. Ndubiwa

HWANGE HIGH COURT 9 MARCH 2020

Criminal Trial

Mrs M. Cheda for the state

T. Nkala for the accused

MOYO J:	The accused faces a charge of murder, it being alleged that on the 22nd of December 2019 he assaulted the deceased Anastacia Tshuma who was his wife causing her death.  He pleaded not guilty to murder but tendered a limited plea to culpable homicide.  The state counsel accepted that plea and the parties drew a statement of agreed facts which was tendered and marked exhibit 1.  It reads as follows:

The accused was aged 41 years at the time of the commission f the offence and he resides at 2526 Chinotimba, Victoria Falls.

The deceased was aged 44 years at the time she met her death.  She used to reside at 2526 Chinotimba, Victoria Falls.

The accused and deceased were husband and wife.

On the 22nd of April 2019 and at around 2130 hours and at house number 2257, Chinotimba, Victoria Falls, the accused overhead the deceased gossiping about him with a neighbour.

The accused confronted her and proceeded to strike her once on the head with open hands and deceased staggered.  Accused again assaulted her with open hands on the face and then kicked her once on the back causing her to fall onto a stone.  Accused further kicked her on the stomach with booted feet as she lay on the ground.

The deceased became unconscious.

Accused carried the deceased to their room and lay her on the bed.

The following morning accused realised that the deceased was dead in the morning leading to his arrest.

The accused person pleads not guilty to murder but pleads guilty to culpable homicide in that he negligently caused the death of the deceased.

The post mortem report was also tendered and marked exhibit 2.  It gives the cause of death as:-  (a) subarachnoid haemorrhage; (b) blunt force trauma head; (c) assault.

From the facts before this court the accused person is accordingly found not guilty of murder and is instead convicted on the lessor charge of culpable homicide.

Sentence

The accused person is convicted of culpable homicide.  He is a first offender.  He pleaded guilty to the appropriate charge.  He assaulted his wife and caused her death.  This court is alive to the fact that deceased fell and hit on some stones which could have worsened her situation but however, this court notes that accused did not stop there, he proceeded to kick her as she lay on the ground.  In this respect the accused acted in a brutal manner kicking a person who was already fallen on stones and probably seriously injured.  Of cause he did lay the deceased in their room and alerted the neighbours and the police when he realised that deceased had died the following morning.  Violence, in any form should be discouraged by these courts and courts can only discourage unbecoming conduct through a message in the sentences they pass.  Domestic violence is a cancer that these courts have a duty to guard against.  Actually, for culpable homicide the accused could have been sentenced to between 7 – 10 years imprisonment but because this court notes the mitigating circumstances of the case, that sentence will be discounted to a minimum sentence that is given for such cases.  It is for these reasons that the accused person will be sentenced as follows:

The accused is sentenced to 5 years imprisonment with 2 years imprisonment suspended for 5 years on condition the accused person does not within that period commit an offence involving violence whereupon conviction he shall be sentenced to imprisonment without the option of a fine.

National Prosecuting Authority, state’s legal practitioners

Dube, Nkala & Company, accused’s legal practitioners