THE State V Tinashe Chingovo

### Preamble
1
HB 221/23
HC (CRB) 125/23
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THE STATE

Versus

TINASHE CHINGOVO

IN THE HIGH COURT OF ZIMBABWE

MOYO J with Assessors Mrs Baye & Mr Matemba

GWERU 19 SEPTEMBER 2023

Criminal Trial

M. Mhene for the state

K.Mampara for the accused

MOYO J:		Accused faces a charge of murder it being alleged that on 18 December 2021 at Village Madongorere, Chief Masunda, Zvishavane, he unlawfully caused the death of Jabulani Chingovo by stabbing him once on the abdomen.  Accused pleaded not guilty to murder but tendered a limited plea to culpable homicide.

The state accepted the plea and the parties drew a statement of agreed facts which was tendered and marked exhibit 9 it reads as follows:

“1.	Tinashe Chingovo (hereinafter called the accused person) was aged 42 years at the time of the commission of the alleged offence.  He resides at Village Madongorere, Chief Masunda, Zvishavane in the Midlands Province.

2.	Jabulani Chingovo (hereinafter referred to as deceased) was aged 46 years old at the time he met his death.

3.	Accused and deceased were brothers and stayed in the same village.

4.	On the 18th day of December 2021 at around 1800 hours, the accused and the deceased were coming from drinking traditional beer at Julieth Ncube homestead.

5.	A misunderstanding arose over the issue that deceased had sold a family beast and used the funds.

6.	The deceased started assaulting the accused at Musikati Secondary School.

7.	Constance Sande reprimanded them and they went their separate ways.

8.	At around 1830 hours accused and the deceased met again and deceased assaulted the accused again.  The accused and deceased fell on the ground with deceased on top of the accused and accused pulled out a knife and stabbed the deceased on the hand and abdomen resulting in deceased’s intestines protruding.  After realizing that he had injured the deceased, accused went to Menias Chingovo’s homestead and requested a wheelbarrow to carry deceased.

9.	Deceased was rushed to  Gweru Provincial Hospital where he passed away on 22 December 2021.

10.	Matter was reported leading to the arrest of the accused person.

11.	Deceased’s remains were taken to United Bulawayo Hospitals where he was examined by Dr S. Pesanai on 23 December 2021 who concluded that the cause of death was:

-	Bronchial aspiration

-	Septtic shock

-	Stab wound on the abdomen

12.	The accused accepts the evidence of the state witnesses and contents of the post mortem report.  The accused denies requisite intention to kill in the form of dolus directus or dolus eventualise.  Rather the accused acknowledges that through his conduct aforesaid, he was negligent in causing the death of the deceased.

13.	The state concedes to the fact that the accused was negligent in the manner he assaulted the deceased and therefore accepts the accused’s plea of culpable homicide.”

Also tendered was the post mortem report.  Also tendered was the accused’s confirmed warned and cautioned statement.  They were all duly marked.

From the facts before us, it is clear that the accused cannot be held to have harboured the requisite intention to commit murder but he acted negligently in the circumstances.

It is for these reason that accused will be found not guilty and is acquitted on the charge of murder and is found guilty of the lesser charge of culpable homicide.

Sentence

The accused is convicted of culpable homicide.  He is a first offender and a breadwinner.  He pleaded guilty to the appropriate charge.  Deceased was the aggressor and accused to some extent acted in defence of himself although, he exceeded the bounds of self defence.  The deceased was on top of the accused when deceased pulled out the knife.  An explanation has been given as to accused’s possession of the knife and he gets the benefit of the doubt in that respect as will do not by evidence to the contrary.  However a life was lost and these courts do not take that lightly. It is weighty mitigation.  However the deceased was stabbed whilst on top of the accused.  In the circumstances, a sentence of above 4 years imprisonment would meet the justice of the case.  It is for these reasons that accused shall be sentenced as follows:

The accused is sentenced to 4 years imprisonment with 2 years imprisonment suspended for 5 years on condition accused is not within that period convicted of an offence involving violence whereupon conviction he is sentenced to imprisonment without the option of a fine.

National Prosecuting Authority, state’s legal practitioners

Mavhirigidze & Mashanyare Legal Practitioners, accused’s legal practitioners