Schalkwyk v S (CA&R 119/14) [2015] ZANCHC 5 (27 February 2015)

Schalkwyk v S (CA&R 119/14) [2015] ZANCHC 5 (27 February 2015)

The court found that the appellant, in a state of anger, struck the deceased with a hay hook, targeting the left side of the chest. The medical evidence supported the State witnesses' version that the injury was caused by a lateral blow with significant force. The appellant's version that the injury was accidental was rejected as contrived and not reasonably possibly true. The court held that the appellant subjectively foresaw the possibility of death resulting from his conduct and reconciled himself with that possibility, satisfying the requirements for dolus eventualis. Minor contradictions in witness testimony were immaterial and did not undermine the credibility of the State's case....

Citation
[2015] ZANCHC 5
Parties
Appellant: Jacobus Van Schalkwyk; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
27 February 2015
Case Number
CA&R 119/14
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence for murder with dolus eventualis upheld.
Judges
Tlaletsi, Phatshoane
Legal Topics
Dolus Eventualis, Murder, Culpable Homicide, Expert Evidence, Credibility of Witnesses
Criminal Law Dolus Eventualis Murder Culpable Homicide Expert Evidence Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Jacobus Van Schalkwyk

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the State proved beyond reasonable doubt that the appellant murdered the deceased with dolus eventualis.
  2. 2 Whether contradictions in the State witnesses' evidence undermined the conviction.
  3. 3 Whether the medical evidence supported the State's version of events.

Ratio Decidendi

The court found that the appellant, in a state of anger, struck the deceased with a hay hook, targeting the left side of the chest. The medical evidence supported the State witnesses' version that the injury was caused by a lateral blow with significant force. The appellant's version that the injury was accidental was rejected as contrived and not reasonably possibly true. The court held that the appellant subjectively foresaw the possibility of death resulting from his conduct and reconciled himself with that possibility, satisfying the requirements for dolus eventualis. Minor contradictions in witness testimony were immaterial and did not undermine the credibility of the State's case....

Court Disposition

Appeal dismissed; conviction and sentence for murder with dolus eventualis upheld.

Orders

  • The appeal is dismissed.