n South African Journal of Criminal Justice - The degree of foresight in dolus eventualis
|Article Title||The degree of foresight in dolus eventualis|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Affiliations||1 University of KwaZulu-Natal|
|Publication Date||Jan 2013|
|Pages||131 - 155|
Although dolus eventualis is a well-established, and indeed, crucially important part of South African criminal practice, there are a number of features of this form of intention which require elucidation. In this article the cognitive component of dolus eventualis, that is, the requirement that the accused foresee the possibility of the harm arising, is examined, in the light of the question whether the proper form of the degree of foresight required ought to be qualified, or unqualified, in nature. After an assessment of the relevant case law and academic writing, it is concluded that the cognitive component of dolus eventualis should be defined in unqualified terms.
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