oa De Rebus - Elevating culpa to crime : feature
|Article Title||Elevating culpa to crime : feature|
|© Publisher:||Law Society of South Africa|
|Publication Date||Sep 2015|
|Pages||40 - 41|
It is trite law that mens rea (either dolus or culpa) is an indispensable element for a crime that pertains to the infliction of bodily harm. This could sustain a charge of either assault or murder, depending on the result that eventuated. For both crimes, intention is a necessary element. However, murder has a culpa-cousin, in the form of culpable homicide, but for assault, there is no culpa variant. Why not?
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