News / Local
Man head butts his brother to death over home theatre speakers
10 Oct 2014 at 08:02hrs | Views
A man from Entumbane in Bulawayo headbutted his brother to death, after his sibling accused him of tampering with his home theatre speakers.
Michael Nkala (22) was on Tuesday slapped with an effective three-year jail term for culpable homicide after he caused his brother's death.
Nkala (22) had pleaded not guilty to a charge of murder, when he appeared before Bulawayo High Court judge Justice Lawrence Justice Kamocha.
He admitted to committing a lesser offence of culpable homicide resulting in the death of his 19-year-old younger brother Emmanuel. Kamocha acquitted him on the charge of murder, but convicted him on culpable homicide before sentencing him to five years in jail.
Two years of the sentence were suspended for five years on condition of good behaviour.In his plea Nkala said: "I am not denying that I caused the death of my brother, but it was not my intention to kill him."
His lawyer Nozabelo Ndlovu indicated that he was pleading not guilty to murder, but to culpable homicide. In mitigation Ndlovu submitted that her client was a first offender, an orphan and a brother to the deceased.
"My lord, he was drunk and he did that under the influence of beer," Ndlovu responded.
"Being drunk; is it a license to kill others?" shot back the judge. "The accused went overboard in doing that my lord," the lawyer said.
Justice Kamocha said accused launched an attack on the deceased causing unnecessary loss of life, and a sentence of between 10 to 15 years was appropriate, but considering the fact that Nkala had spent one year in jail before trial and the fact that he killed his brother without intention he was sentencing him to five years.
Michael Nkala (22) was on Tuesday slapped with an effective three-year jail term for culpable homicide after he caused his brother's death.
Nkala (22) had pleaded not guilty to a charge of murder, when he appeared before Bulawayo High Court judge Justice Lawrence Justice Kamocha.
He admitted to committing a lesser offence of culpable homicide resulting in the death of his 19-year-old younger brother Emmanuel. Kamocha acquitted him on the charge of murder, but convicted him on culpable homicide before sentencing him to five years in jail.
His lawyer Nozabelo Ndlovu indicated that he was pleading not guilty to murder, but to culpable homicide. In mitigation Ndlovu submitted that her client was a first offender, an orphan and a brother to the deceased.
"My lord, he was drunk and he did that under the influence of beer," Ndlovu responded.
"Being drunk; is it a license to kill others?" shot back the judge. "The accused went overboard in doing that my lord," the lawyer said.
Justice Kamocha said accused launched an attack on the deceased causing unnecessary loss of life, and a sentence of between 10 to 15 years was appropriate, but considering the fact that Nkala had spent one year in jail before trial and the fact that he killed his brother without intention he was sentencing him to five years.
Source - Southern Eye
