Case Study Detail

In the case between S v C, a man represented by Charity Manyeza was given a wholly suspended jail term after he struck his neighbour with an iron bar consequently causing his death. The man pleaded not guilty to the charge of murder and was convicted of a lesser charge of culpable homicide after causing the death of his neighbour who was in an affair with the accused person’s under-aged niece. The court considered that the accused person had acted in self defence as the deceased had ganged up other villagers with the aim of attacking the accused person. C was of ill health and therefore not fit to serve a jail term. As a result of the lawyer’s hard work, the accused person was sentenced to five years in jail which was wholly suspended for five years on condition that the accused does not within that period commit an offence where violence is an element.

 In the case of S v A where A was facing rape allegations, the complainant had filed rape charges at the police station and a docket was opened. 

A trial date was set based on those allegations. A alluded to the fact that he had been in a sexual relationship with the complainant for a period of one year. The matter was withdrawn before plea by the District Public Prosecutor as the complainant dropped charges against A and the accused person (A) was given a not guilty verdict and acquitted. It is important for a prosecutor to carry out thorough investigations before concluding that the matter is ready for trial. This is so as people (especially from rural areas as observed in my years of practice) demand payment of bride price when they make discoveries that someone has been engaging into sexual relations with their daughter. Failure to pay the bride price often results in allegations of rape. Therefore due diligence should be done when carrying out investigations especially in matters like rape and indecent assault.