n South African Journal of Criminal Justice - General principles and specific offences : recent cases

Volume 25, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



It has been more than forty years since the Appellate Division approved in principle the approach of finding a motorist guilty of murder for a transgression on the road which resulted in death, in 1969 (1) SA 553 (A) at 557B-C. Nevertheless, there has been prosecutorial reluctance to charge motorists who have caused death on the road with murder, principally because although the conduct of driving a motor car bears an inherent risk of harm to others, its social utility makes such conduct indispensable (see R Whiting 'Thoughts on dolus eventualis' (1988) 1 440).

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