The King v Mkhonta (44 of 2018) [2022] SZHC 170 (10 August 2022)

Case summary

Application for discharge in terms of section 174(4) of the Criminal Procedure and Evidence Act (CP&E Act), 1938- the test to be applied at this stage of the proceedings- test is not proof beyond reasonable doubt- but proof of whether the court is of the opinion that there is no evidence that the accused committed the offence in the charge or any other offences of which the accused may be convicted on the charge­ the principle applied is whether the Crown proved a prima facie case­ in the present matter. The evidence of the Crown shows that the accused acted in private defence as he was under serious attack from the deceased when he fired a shot which resulted in the death of the deceased-in the result, the application for discharge in terms  of section 174(4) of the CP&E Act, 1938 is allowed.

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