News / Regional
Woman jailed for fatally assaulting husband
16 May 2012 at 04:55hrs | Views
A woman who fatally struck her husband with a brick after accusing him of infidelity has been jailed for eight years.
Nobuhle Ndlovu (35) from Sizeze area of Gwanda District under Chief Mathema yesterday pleaded not guilty to the murder of Leonard Nyathi (57) before Bulawayo High Court judge Justice Lawrence Kamocha sitting with Mrs Agnes Dhlula and Mrs Annette Moyo.
She, through her pro deo lawyer, Advocate Steven Nkiwane of the Western Chamber, tendered a plea of guilty to a lesser charge of culpable homicide.
Mr Thompson Hove of the Attorney General's Office accepted the limited plea and the court accordingly found her guilty of culpable homicide.
She was jailed for eight years although her lawyer had asked the court to give her a sentence, suspend part of it on condition of good behaviour and the other on condition that she performs community service.
In passing sentence, Justice Kamocha said ordering her to perform community service would trivialise the serious charge she stood convicted of.
It was the court's finding that she was the aggressor as she went to where Nyathi was and accused him of infidelity.
"When he did not respond to the allegations you struck him with a half brick on the head at the base of the neck and the blow killed him instantly.
"It is clear that the blow was severe and vicious and directed at the head which is a delicate part of the body. You are lucky that the State accepted a limited plea as this is a border line case and you could have been convicted of murder with constructive intent," said Justice Kamocha.
He said a loud and clear message has to be sent to like-minded people that courts do not condone violent behaviour.
In mitigation being led by her lawyer, Ndlovu claimed that she is saddened by the death of her husband "who departed without bidding farewell".
Agreed facts between the defence and State counsels were that on the day he was killed, Nyathi and his worker, Betram Mguni, were pumping pressure into a flat scotch cart wheel when Ndlovu arrived.
She started accusing him of having returned from his girlfriend who is their neighbour.
When he did not respond to the accusations, Ndlovu picked up half a brick and threw it at Nyathi hitting him on the head on the lower part of the ear. Nyathi collapsed and died on the spot.
According to the post-mortem report, which was produced as an exhibit, the cause of Nyathi's death was massive subarchnoid haemorrhage caused by a head injury as a result of assault.
Nobuhle Ndlovu (35) from Sizeze area of Gwanda District under Chief Mathema yesterday pleaded not guilty to the murder of Leonard Nyathi (57) before Bulawayo High Court judge Justice Lawrence Kamocha sitting with Mrs Agnes Dhlula and Mrs Annette Moyo.
She, through her pro deo lawyer, Advocate Steven Nkiwane of the Western Chamber, tendered a plea of guilty to a lesser charge of culpable homicide.
Mr Thompson Hove of the Attorney General's Office accepted the limited plea and the court accordingly found her guilty of culpable homicide.
She was jailed for eight years although her lawyer had asked the court to give her a sentence, suspend part of it on condition of good behaviour and the other on condition that she performs community service.
In passing sentence, Justice Kamocha said ordering her to perform community service would trivialise the serious charge she stood convicted of.
It was the court's finding that she was the aggressor as she went to where Nyathi was and accused him of infidelity.
"When he did not respond to the allegations you struck him with a half brick on the head at the base of the neck and the blow killed him instantly.
"It is clear that the blow was severe and vicious and directed at the head which is a delicate part of the body. You are lucky that the State accepted a limited plea as this is a border line case and you could have been convicted of murder with constructive intent," said Justice Kamocha.
He said a loud and clear message has to be sent to like-minded people that courts do not condone violent behaviour.
In mitigation being led by her lawyer, Ndlovu claimed that she is saddened by the death of her husband "who departed without bidding farewell".
Agreed facts between the defence and State counsels were that on the day he was killed, Nyathi and his worker, Betram Mguni, were pumping pressure into a flat scotch cart wheel when Ndlovu arrived.
She started accusing him of having returned from his girlfriend who is their neighbour.
When he did not respond to the accusations, Ndlovu picked up half a brick and threw it at Nyathi hitting him on the head on the lower part of the ear. Nyathi collapsed and died on the spot.
According to the post-mortem report, which was produced as an exhibit, the cause of Nyathi's death was massive subarchnoid haemorrhage caused by a head injury as a result of assault.
Source - chronicle
