![]() ![]() State versus Misheck Magosvongwe CRB FIL 36/14 The accused was sentenced to pay a fine of $400-00 or in default of payment four months imprisonment. A certificate of previous convictions was tendered into the record reflecting that accused had no relevant previous convictions. The accused pleaded guilty to the charge and after canvassing all the essential elements of the charge, the court entered a plea of guilty. Failure to stop or act reasonably when an accident or collision seemed imminent. Travelling at a speed which was excessive in the circumstancesĢ. The particulars of negligence were alleged to be as follows:ġ. The accused is the holder of a class 4 and 5 driver’s licence. The deceased sustained head injuries and died on the spot. ![]() #Particulars of negligence road traffic accident registrationThe brief allegations being that on 9 October 2014 and at the 201 km peg along the Masvingo – Mbalabala road, the accused who was driving a Mitshubishi Collt pick-up truck registration number DTX 736 GP unlawfully and negligently drove the said motor vehicle resulting in it swerving off the road and hitting Michael Maphosa, a two year old child who was attempting to cross the road. In this matter the accused appeared before a magistrate at Filabusi on a charge of culpable homicide. Whilst numerous judgments have been written on how trial magistrates must deal with sentencing in matters involving culpable homicide arising from road traffic accidents, this court continues to find a misapplication of the provisions of section 64 of the Road Traffic Act. MAKONESE J: In this matter I shall deal with the above matters on review in one single judgment because the legal issues raised pertain to the same subject. ![]()
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