Farmer v S (KS 20/2014) [2023] ZANCHC 93 (1 December 2023)

Farmer v S (KS 20/2014) [2023] ZANCHC 93 (1 December 2023)

The trial court erred in convicting the appellant of murder with indirect intention (dolus indirectus), as the facts did not support that the appellant knew death would necessarily ensue. Instead, the evidence established that the appellant acted with dolus eventualis: he subjectively foresaw the possibility that his actions—pushing the elderly deceased twice, causing severe head injuries—could result in death and reconciled himself with that possibility by leaving her bleeding and helpless. The fact that the deceased died of pneumonia months later does not break the causal chain nor negate the foreseeability of death as a consequence of the assault. The conviction for murder is thus...

Citation
[2023] ZANCHC 93
Parties
Appellant: Anthony Farmer; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 December 2023
Case Number
KS 20/2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction and sentence dismissed.
Judges
Phatshoane, Williams, Nxumalo
Legal Topics
Dolus Eventualis, Culpable Homicide, Murder, Sentencing, Causal Nexus
Criminal Law Dolus Eventualis Culpable Homicide Murder Sentencing Causal Nexus

Case Brief

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Parties

Anthony Farmer

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court correctly convicted the appellant of murder with indirect intention (dolus indirectus) or whether the conviction should have been for murder with dolus eventualis or culpable homicide.
  2. 2 Whether the sentence of 18 years imprisonment for murder should be interfered with.

Ratio Decidendi

The trial court erred in convicting the appellant of murder with indirect intention (dolus indirectus), as the facts did not support that the appellant knew death would necessarily ensue. Instead, the evidence established that the appellant acted with dolus eventualis: he subjectively foresaw the possibility that his actions—pushing the elderly deceased twice, causing severe head injuries—could result in death and reconciled himself with that possibility by leaving her bleeding and helpless. The fact that the deceased died of pneumonia months later does not break the causal chain nor negate the foreseeability of death as a consequence of the assault. The conviction for murder is thus...

Court Disposition

Appeal against conviction and sentence dismissed.

Orders

  • The appeal against the conviction on the count of murder and the sentence imposed thereon is dismissed.