S v CHIVANGA 1983 (1) ZLR 297 (S)

Flynote

Criminal procedure — sentence — motoring offences — culpable homicide — appellant driver of a bus — although basis of charge is negligence, D somewhat heavier sentence justified where death caused — fact that accused driving a bus increases moral blameworthiness — custodial sentence justified.

Headnote

While the basis for a charge of culpable homicide arising from a traffic accident is negligence, a somewhat heavier sentence than would be given for negligence simpliciter can be justified on the basis of the sanctity of human life. The main consideration, however, is the moral blameworthiness of the accused, not the number of people killed. The driver of a public service vehicle which is loaded to capacity with passengers owes a high duty of care to his passengers and to drive negligently and thereby cause the death of any of those passengers may merit a custodial sentence.