approached the accused’s cuca shop with a stick but it was removed from her. She hit the accused with her fist on the deceased neck and a fight ensued. The deceased fell to the ground and the accused managed to sit on top of the deceased. She eventually managed to pin the deceased’s arms down on the ground. She held the deceased’s neck with the left arm; and hit the deceased head with her right hand. She got up to fetch a bottle and hit the deceased on her face without realizing that the deceased had already died at that time she strangled her. The court found that the accused, at the time she was sitting on top of the deceased, was in full control of the situation and hereafter became the aggressor. She thus exceeded the bounds of self-defense. No direct intention to kill was proven. Her explanation that she simply wanted to render the deceased unconscious and her conduct afterwards created doubt whether she in fact appreciated the possibility that death would ensue i.e that she had intent in the form of dolus eventualis. The accused was found not guilty of murder but convicted of culpable homicide, a competent verdict on a charge of murder. ORDER 1. the accused is not guilty of murder; and 2. the accused is convicted of culpable homicide which is a competent verdict on a charge of murder. JUDGMENT TOMMASI J: [1] The accused was charged with murder in that she on 2 January 2012 murdered Monika Kondjeni Ndeshipanda by strangling her. The accused pleaded not guilty and raised the defense that she was acting in self-defense.
approached the accused’s cuca shop with a stick but it was removed from her. She hit the accused with her fist on the deceased neck and a fight ensued. The deceased fell to the ground and the accused managed to sit on top of the deceased. She eventually managed to pin the deceased’s arms down on the ground. She held the deceased’s neck with the left arm; and hit the deceased head with her right hand. She got up to fetch a bottle and hit the deceased on her face without realizing that the deceased had already died at that time she strangled her. The court found that the accused, at the time she was sitting on top of the deceased, was in full control of the situation and hereafter became the aggressor. She thus exceeded the bounds of self-defense. No direct intention to kill was proven. Her explanation that she simply wanted to render the deceased unconscious and her conduct afterwards created doubt whether she in fact appreciated the possibility that death would ensue i.e that she had intent in the form of dolus eventualis. The accused was found not guilty of murder but convicted of culpable homicide, a competent verdict on a charge of murder. ORDER 1. the accused is not guilty of murder; and 2. the accused is convicted of culpable homicide which is a competent verdict on a charge of murder. JUDGMENT TOMMASI J: [1] The accused was charged with murder in that she on 2 January 2012 murdered Monika Kondjeni Ndeshipanda by strangling her. The accused pleaded not guilty and raised the defense that she was acting in self-defense.
S%20V%20Hamukoto%20(CC%208-2013)%20%5B2014%5D%20NAHCMD%2059%20(7%20November%202014).docx