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

Volume 28, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The case of 2014 JDR 2127 (GP) has been minutely examined by various commentators and media pundits. The classic tale of a hero fallen from grace was irresistible to many throughout the world, and every aspect of the trial was subjected to the scrutiny of an enthralled viewership, and has been analysed and reanalysed for the benefit of the watching public. It is perhaps inevitable that the judgment in the trial proved to be something of a let-down for many. Passions have been inflamed, and strident views have been expressed, both in favour of, and against, the accused in respect of the question of criminal liability and the appropriateness of sentence. The ensuing culpable homicide conviction, resulting in a short-term prison sentence that falls to be converted to correctional supervision, has been robustly criticised. As the saga is not yet complete, in that an appeal is in the offing, this matter will inevitably be revisited in the midst of a renewed storm of public and media interest. This note will thus merely seek to briefly note certain aspects of the high court judgment that are of interest in the context of substantive criminal law.

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