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Mashudu Netsianda Senior Court Reporter
A LUPANE man who assaulted his neighbour with a log resulting in his death following a dispute over some undisclosed goods was yesterday sentenced to three years in jail.

Robert Nyoni, 32, of Tshongogure village, struck Morris Sibanda, 30, in the head with a log on New Year’s Day last year.

Bulawayo High Court judge Justice Martin Makonese convicted Nyoni of a charge of culpable homicide.

Nyoni, who was initially facing a murder charge, will serve an effective two years in jail after one year was suspended for five years on condition that he does not within that period commit a similar crime.

Sibanda, through his lawyer, Gary Sengweni of T Hara and Partners, had submitted that the murder was not intentional and tendered a limited plea of guilty to culpable homicide.

In his judgment, Justice Makonese concluded that Nyoni negligently caused the death of Sibanda.

“We’re satisfied from the evidence given that Nyoni negligently caused the death of Sibanda.

“We therefore find you not guilty of murder and you’re accordingly convicted of a charge of culpable homicide,” ruled the judge.

In handing down sentence, Justice Makonese said the courts had a duty to uphold the sanctity of human life.

“These courts have a duty to uphold the sanctity of human life. The victim, who was aged 30, was at the prime of life when he met his death. Giving you community service would in essence be trivialising the crime. A balance has to be struck between your interests and societal expectations,” said Justice Makonese.,

He said although Nyoni showed remorse, he should have exercised self-restraint despite provocation.

“Nyoni used a lethal weapon directing it towards a vulnerable part of the body and from the postmortem results it’s clear that he used excessive force,” said Justice Makonese.

Prosecuting, Thompson Hove said on January 1, 2015, shortly after 9AM, Sibanda went to Nyoni’s home where he intended to collect his property, which he claimed the latter was in possession of.

Nyoni, who was with his wife, Agatha Dube, denied having taken the alleged goods.

A misunderstanding ensued resulting in Sibanda striking Nyoni with a beer bottle on the shoulder.

The court heard that Nyoni retaliated by hitting Sibanda once on the head with a log and he collapsed and died on the spot.

A report was made to the police leading to Nyoni’s arrest. According to a postmortem report, the cause of Sibanda’s death was given as bronco-aspiration, intracranial haemorrhage, homicide and blunt force trauma.

In mitigation though his lawyer, Nyoni said he was a sole breadwinner looking after his wife and a minor child aged two. He pleaded for leniency, arguing that Sibanda was the aggressor.

“My client acted in self-defence after he was attacked by Sibanda. He did not intend to commit the crime but rather acted on the spur of the moment and therefore his moral blameworthiness is very low,” said Sengweni.