S v MANDWE 1993 (2) ZLR 233 (S)

1993 (2) ZLR p233

Flynote

Criminal procedure — outlines of State and defence cases — purpose of and difference between

Evidence — admissions — conclusiveness of — admission made on incorrect appreciation of facts — effect

Evidence — witness — credibility — witness departing from facts stated in outline of State case — effect

Roads and road traffic — culpable homicide — negligence -failure to foresee folly of other road users — duty of driver approaching known crossing point for pedestrians

Roads and road traffic — drunken driving — evidence — blood/alcohol test — test authorised by person below rank of inspector — results inadmissible — Road Traffic Act 1976 — s 68(1)

Roads and road traffic — negligence — duty of driver — driver dazzled by lights of oncoming vehicle

Roads and road traffic — sentence — culpable homicide- no evidence of drunkenness and accused a professional driver — appropriate sentence and length of prohibition from driving