Donda v S (A165/2013) [2014] ZAFSHC 12 (17 February 2014)

Donda v S (A165/2013) [2014] ZAFSHC 12 (17 February 2014)

The section 112(2) statement submitted by the appellant did not contain an admission of negligence, which is a necessary element for a conviction of culpable homicide. The trial court failed to ensure that the appellant admitted all elements of the offence, particularly whether a reasonable person in his position would have foreseen the possibility of death resulting from his actions and taken steps to prevent it. As a result, the conviction and sentence are not in compliance with section 112(2) of the Criminal Procedure Act and must be set aside. The matter is remitted to the trial court to conduct a proper enquiry into negligence. If the appellant does not admit negligence, the trial...

Citation
[2014] ZAFSHC 12
Parties
Appellant: Thembinkosi Richard Donda; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 February 2014
Case Number
A165/2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Conviction Following Plea of Guilty to Culpable Homicide
Outcome
Conviction and sentence set aside; matter remitted to trial court for proper enquiry.
Judges
L J Lekale, C Van Zyl
Legal Topics
Culpable Homicide, Section 112 Procedure, Negligence, Remittal to Trial Court
Criminal Law Culpable Homicide Section 112 Procedure Negligence Remittal to Trial Court

Case Brief

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Parties

Thembinkosi Richard Donda

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Conviction Following Plea of Guilty to Culpable Homicide

Legal Issues

  1. 1 Whether the section 112(2) statement disclosed an admission of negligence by the appellant sufficient for a conviction of culpable homicide.
  2. 2 Whether the trial court complied with the requirements of section 112(2) of the Criminal Procedure Act when accepting the plea.
  3. 3 Whether the conviction and sentence should be set aside and the matter remitted for proper enquiry.

Ratio Decidendi

The section 112(2) statement submitted by the appellant did not contain an admission of negligence, which is a necessary element for a conviction of culpable homicide. The trial court failed to ensure that the appellant admitted all elements of the offence, particularly whether a reasonable person in his position would have foreseen the possibility of death resulting from his actions and taken steps to prevent it. As a result, the conviction and sentence are not in compliance with section 112(2) of the Criminal Procedure Act and must be set aside. The matter is remitted to the trial court to conduct a proper enquiry into negligence. If the appellant does not admit negligence, the trial...

Court Disposition

Conviction and sentence set aside; matter remitted to trial court for proper enquiry.

Orders

  • The conviction and sentence are set aside.
  • The matter is remitted to the trial court to enquire, by way of verbal questions, whether the appellant admits that a reasonable person in his position would have foreseen the possibility of death resulting from his actions and would have taken steps to guard against such an eventuality.