Africa-Press – Zimbabwe. An octogenarian farmer (81) from Headlands, who accidentally shot and killed his 46-year-old biological son while chasing a troop of baboons that had invaded his maize field, has been charged with culpable homicide.
Culpable homicide refers to the unlawful act of causing the death of another person due to negligence or recklessness.
Any person who negligently causes the death of another person, either failing to realize that death may result from their conduct or realizing the risk but failing to guard against it, can be charged with culpable homicide.
Furthermore, if an accused person was defending themselves or someone else against an unlawful attack and did something essential to the crime (such as causing harm), they may still be guilty of culpable homicide if the requirements for self-defence are met, except that the means used to avert the attack were unreasonable in the circumstances.
As reported by The Manica Post, the now late Innocent Nyakurerwa was chasing a troop of baboons that had invaded their maize field when he was shot dead by his father, Isaac Nyakurerwa of Plot 20A, Fairfield Farm in Headlands.
The acting spokesperson for the Zimbabwe Republic Police (ZRP) in Manicaland province, Assistant Inspector Wiseman Chinyoka, said as Innocent was chasing the baboons, his father was not aware of his presence and using a registered Winchester rifle, he fired a single shot that hit his son on the chin and killed him on the spot.
Nyakurerwa allegedly spotted his now-deceased son’s shadow and mistook it for a baboon and only realised the fatal mistake when he screamed for help.
Assistant Inspector Chinyoka said they had initially charged Nyakurerwa with murder as defined in Section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9.23.
However, after vetting the docket presented to them last week, the National Prosecuting Authority (NPA) at Rusape Magistrates’ Courts directed the police to charge Nyakurerwa with culpable homicide.
The request for remand form submitted to the prosecution by police reads in part:
On March 26, 2024, at Plot 20A, Fairfield 20 Farm in Headlands, the accused person was chasing some baboons which were approaching his maize field. He fired a shot with his rifle, a Winchester 22 to the mountain where the baboons were and he accidentally shot his biological son, Innocent Nyakurerwa, aged 46 on the chin. Innocent died on the spot. The rifle and spent cartridge were recovered from the scene.
Nyakurerwa has since been released from custody waiting to be charged with culpable homicide and is expected to appear in court soon.
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