Felix v S (A69/2021) [2021] ZAWCHC 156 (18 August 2021)

Felix v S (A69/2021) [2021] ZAWCHC 156 (18 August 2021)

The court found that the appellant deliberately drove his vehicle through a closed gate into a driveway where people were congregated, resulting in serious injuries. The evidence of the state witnesses was accepted as credible and consistent with the objective facts. The appellant's version was rejected as highly improbable and dishonest, and his claim of acting in emergency was found to be a fabrication. The court held that the appellant must have been aware of the presence of people in the driveway and that his conduct demonstrated subjective foresight of the possibility of causing death or serious injury, thus establishing dolus eventualis. The state proved its case beyond reasonable...

Citation
[2021] ZAWCHC 156
Parties
Appellant: Nathaniel Felix; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 August 2021
Case Number
A69/2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction Only, Heard on Papers Under S19(a) Superior Courts Act
Outcome
Appeal against conviction dismissed.
Judges
R.C.A. Henney, A.G. Binns-Ward
Legal Topics
Attempted Murder, Dolus Eventualis, Credibility of Witnesses, Evaluation of Evidence
Criminal Law Attempted Murder Dolus Eventualis Credibility of Witnesses Evaluation of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Nathaniel Felix

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Only, Heard on Papers Under S19(a) Superior Courts Act

Legal Issues

  1. 1 Whether the state proved the appellant's guilt beyond reasonable doubt on counts of attempted murder.
  2. 2 Whether the Regional Magistrate erred in accepting the reliability of state witnesses.
  3. 3 Whether the appellant's version was reasonably possibly true and should have been accepted.

Ratio Decidendi

The court found that the appellant deliberately drove his vehicle through a closed gate into a driveway where people were congregated, resulting in serious injuries. The evidence of the state witnesses was accepted as credible and consistent with the objective facts. The appellant's version was rejected as highly improbable and dishonest, and his claim of acting in emergency was found to be a fabrication. The court held that the appellant must have been aware of the presence of people in the driveway and that his conduct demonstrated subjective foresight of the possibility of causing death or serious injury, thus establishing dolus eventualis. The state proved its case beyond reasonable...

Court Disposition

Appeal against conviction dismissed.

Orders

  • The appeal against conviction is dismissed.