n South African Journal of Criminal Justice - Revisiting the relationship between and in context of vehicular collisions causing the death of fellow passengers and/or pedestrians : 2013 (2) SACR 1 (SCA) : comment

Volume 26, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The relationship between intention and negligence ( and ), in the context of the crimes of murder and culpable homicide, has become somewhat clouded since the decision of 1985 (3) SA 677 (A) at 687E-I. This is due to the fact that the Appellate Division (as it was then), ruled that it is incorrect to assume, on the same facts, that proof of intention excludes the possibility that the accused was negligent - thus resulting in the inevitable inference that intention and negligence could overlap or co-exist on the same facts: for example, where an accused is charged with the crime of culpable homicide, but the state proves that the accused, in fact, caused the victim's death , the accused can nevertheless still be convicted of culpable homicide (see CR Snyman 5ed (2008) 218: 'From a theoretical point of view the decision in is clearly wrong. The argument of the court is contradictory and a study in illogicality'; see also 1992 (1) SACR 455 (B) 465-466; 1998 (1) SACR 66 (N); 2003 (2) SACR 216 (Tk); also compare JM Burchell 3ed (2005) 541; PF Louw ' 1985 (3) SA 677 (A): Strafreg - die oorvleueling van opset en nalatigheid' (1987) 20 173).

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