Scribd
Upload
46 views1 page

R V Khumalo

In the case of Regina v. Jackson Khumalo, the accused was charged with murder after fatally stabbing a man during a fight initiated by two drunken aggressors. The High Court found that while the accused used excessive force, he lacked the necessary mens rea for murder, leading to a conviction of manslaughter instead. The judgment emphasized the context of self-defense and the nature of the altercation, ultimately acquitting the accused of murder.

Uploaded by

lindamusat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
46 views1 page

R V Khumalo

In the case of Regina v. Jackson Khumalo, the accused was charged with murder after fatally stabbing a man during a fight initiated by two drunken aggressors. The High Court found that while the accused used excessive force, he lacked the necessary mens rea for murder, leading to a conviction of manslaughter instead. The judgment emphasized the context of self-defense and the nature of the altercation, ultimately acquitting the accused of murder.

Uploaded by

lindamusat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

REGINA v.

JACKSON KHUMALO 1964-1967 BLR 147 (HC)

Citation 1964-1967 BLR 147 (HC)


Court High Court
Judge Weston CJ
Judgment June 13, 1966
Counsel Mr. Rudell for the Crown
Annotations

[zFNz]Flynote
Criminal Law - Murder - Killing in self-defence - Excess of force mens rea.
[zHNz]Headnote
Criminal Trial
The accused was charged with murder in contravention of section 202 of the Penal Code. He had been
accosted by two persons who were drunk and looking for trouble. A fight, not of his own seeking,
developed in the course of which the accused stabbed the deceased:
Held -
(i) the accused had used excessive force;
(ii) in the circumstances, there was not the necessary mens rea to justify a verdict of murder
and the verdict was one of manslaughter.
[zCIz]Case Information
Cases cited:
R.v. Snow 1 Leach 151
Botswana Statutes cited:
Penal Code: section 200.
Mr. Rudell for the Crown.
[zJDz]Judgment
Weston, C.J. Was the killing murder as charged? It will be remembered that the accused as not the
aggressor. It will be remembered also that he was sober and going about a perfectly lawful occasion. He
was accosted rudely by two persons who were drunk and plainly looking for trouble. The fight was none
of the accused's seeking. True, he must at some stage have used a knife but strangely enough the
statement made by him to MANTHU - which he has so strenuously sought to deny - stands him in good
stead at this stage in that there is an element of mitigation in his words: "Yes, I have stabbed him but not
much......". He used excessive force in repelling the attack made upon him but he used a minimum of
such unlawful force. In these circumstances, I directed the assessors that there was not the necessary
mens rea to justify a verdict of murder, and I referred them to the authority of R. v. Snow. 1 Leach 151
cited by Archbold 35th Ed. At para. 2493 where it was held that
"If the parties at the commencement attack each other upon equal terms and afterwards in the
course of the fight one of them in his passion snatches up a deadly weapon and kills the other with it this
would be manslaughter only".
The Crown very fairly concedes that this is the position here.
Accordingly the accused is acquitted of the charge as laid and is convicted of the manslaughter c/s 200 of
the Penal Code of MOTIBI TSHABADURA at Francistown on 25th September 1965 and not 11th
September 1965 the date mentioned in the charge.
(Reported by J.R. CRAWFORD Advocate)

You might also like