Khumalo v Rex (11/2022) [2023] SZSC 36 (3 October 2023)


Criminal Appeal — Murder — different fornøs ofdolus distinguished

Crüninal Law - intention and premeditation distinguished

Criminal Procedure — Sentence — sentence lies within the discretion ofthe trial Court and the appellate Court will only interfere if there had been a material misdirection

Criminal Procedure — Sentence - increase ofsentence on appeal - basic principles restated

Criminal Procedure — Sentence — appeal against sentence - murder  gender based violence — premeditation - wife murdered by husband with axe blow to neck and then beheaded - appellant buried body parts in shallow grave then exhumed and disposed of head and rest of body separately in nzountains — appellant thereafter craftily giving out deceased still alive — appellant displaying no

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