S v Dube (CC03/22) [2022] ZAMPMBHC 28; 2023 (1) SACR 513 (MM) (3 May 2022)

S v Dube (CC03/22) [2022] ZAMPMBHC 28; 2023 (1) SACR 513 (MM) (3 May 2022)

The court found that Mr Dube broke into the deceased's home with the intention to cause her bodily harm and carried out the assault with a knife, knowing that such an act could result in death. Despite this knowledge, he continued with the assault, stabbing the deceased five times and severing a major artery. The evidence established that Mr Dube premeditated the assault and reconciled himself with the possibility of causing death, satisfying the requirements for dolus eventualis. The court held that premeditated murder is established where the perpetrator plans to cause bodily harm and foresees death as a possible consequence, even if the original plan was only assault. Mr Dube was...

Citation
[2022] ZAMPMBHC 28
Parties
Applicant: The State; Respondent: Celumusa Dube
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
3 May 2022
Case Number
CC03/22
Procedural Posture
Criminal Trial / Judgment on Merits
Outcome
The accused is found guilty of housebreaking with intent to assault, guilty of murder as contemplated in section 51(1) of Act 105 of 1997, and not guilty on the immigration charge.
Judges
Roelofse
Legal Topics
Premeditated Murder, Dolus Eventualis, Minimum Sentences Act, Intention, Housebreaking, Immigration Act Offence
Criminal Law Premeditated Murder Dolus Eventualis Minimum Sentences Act Intention Housebreaking Immigration Act Offence

Case Brief

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Parties

The State

Applicant

Celumusa Dube

Respondent

Procedural Posture

Criminal Trial / Judgment on Merits

Legal Issues

  1. 1 Whether the accused committed premeditated murder under section 51(1) of the Criminal Law Amendment Act 105 of 1997.
  2. 2 Whether intention in the form of dolus eventualis, coupled with premeditation to assault, constitutes premeditated murder.
  3. 3 Whether the accused is guilty of housebreaking with intent to assault and murder.

Ratio Decidendi

The court found that Mr Dube broke into the deceased's home with the intention to cause her bodily harm and carried out the assault with a knife, knowing that such an act could result in death. Despite this knowledge, he continued with the assault, stabbing the deceased five times and severing a major artery. The evidence established that Mr Dube premeditated the assault and reconciled himself with the possibility of causing death, satisfying the requirements for dolus eventualis. The court held that premeditated murder is established where the perpetrator plans to cause bodily harm and foresees death as a possible consequence, even if the original plan was only assault. Mr Dube was...

Court Disposition

The accused is found guilty of housebreaking with intent to assault, guilty of murder as contemplated in section 51(1) of Act 105 of 1997, and not guilty on the immigration charge.

Orders

  • The accused is found guilty of housebreaking with the intention to assault.
  • The accused is found guilty as charged on Count 2, that is guilty of murder as contemplated in section 51(1) of Act 105 of 1997.