S v STOCKIL 2016 (2) ZLR 403 (H)

Flynote

Criminal law: " offences c under Criminal Law Code " culpable homicide " motoring case " sudden emergency " principles " collision by vehicle with a cyclist " travelling in the same direction " cyclist unexpectedly crossing into the vehicle's path

Headnote

The appellant was convicted of culpable homicide and fined after a collision between the vehicle he was driving and a cyclist, which resulted in the death of the cyclist. The appellant and the cyclist were travelling in the same direction. The basis of the appellant's defence was that as he approached the cyclist, the cyclist unexpectedly crossed into his path. He swerved to the left, hooted and braked to try and avoid the cyclist, but the deceased was hit by the right side of his vehicle.

Held, that the magistrate in convicting the appellant had based his decision on facts which were never part of the record. He excluded evidence on record when weighing up the evidence. He ignored crucial evidence and engaged in conjecture on unfounded facts, thereby rendering the conviction unsafe.