S v Cloete (K/S33/18) [2019] ZANCHC 6 (29 January 2019)

S v Cloete (K/S33/18) [2019] ZANCHC 6 (29 January 2019)

The accused pleaded guilty to murder and provided a detailed statement admitting to assaulting the deceased, Sussana Abel, with a broom and by kicking her, resulting in her death. He acknowledged that, although he did not have the direct intention to kill, he foresaw the possibility that his actions could cause death and proceeded regardless, thereby satisfying the requirements for dolus eventualis. The accused's admissions were corroborated by the post-mortem report and expert testimony, which confirmed that the cause of death was blunt trauma to the head leading to anoxia. The court found that the accused's intoxication did not negate his criminal responsibility, as he was aware of his...

Citation
[2019] ZANCHC 6
Parties
Defendant: Henkie Cloete; Applicant: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
29 January 2019
Case Number
K/S33/18
Procedural Posture
Criminal Trial / Conviction
Outcome
The accused, Henkie Cloete, is found guilty of the murder of Sussana Abel with dolus eventualis as the form of intent.
Judges
BM Pakati
Legal Topics
Murder, Dolus Eventualis, Criminal Procedure Act Section 112, Minimum Sentences, Intoxication
Criminal Law Murder Dolus Eventualis Criminal Procedure Act Section 112 Minimum Sentences Intoxication

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Henkie Cloete

Defendant

The State

Applicant

Procedural Posture

Criminal Trial / Conviction

Legal Issues

  1. 1 Whether the accused, Henkie Cloete, is guilty of murder with dolus eventualis as the form of intent.
  2. 2 Whether the accused's intoxication affected his criminal responsibility.
  3. 3 Whether the accused's plea and admissions satisfy the requirements for a conviction under section 112(2) of the Criminal Procedure Act.

Ratio Decidendi

The accused pleaded guilty to murder and provided a detailed statement admitting to assaulting the deceased, Sussana Abel, with a broom and by kicking her, resulting in her death. He acknowledged that, although he did not have the direct intention to kill, he foresaw the possibility that his actions could cause death and proceeded regardless, thereby satisfying the requirements for dolus eventualis. The accused's admissions were corroborated by the post-mortem report and expert testimony, which confirmed that the cause of death was blunt trauma to the head leading to anoxia. The court found that the accused's intoxication did not negate his criminal responsibility, as he was aware of his...

Court Disposition

The accused, Henkie Cloete, is found guilty of the murder of Sussana Abel with dolus eventualis as the form of intent.

Orders

  • The accused is convicted of murder with dolus eventualis.