S v Mathebula (500/09)
S v Mathebula (500/09) [2010] ZAGPPHC 61 (13 July 2010)
The court found that the accused did not have the requisite intention to commit assault with intent to do grievous bodily harm. The complainant's evidence consistently indicated that the accused was attempting to protect her from another person and did not deliberately stab her. The application of the foreseeability test by the trial magistrate was incorrect, as it relied on an objective standard of negligence rather than the subjective intention required for the offence. The medical evidence did not support the claim of multiple injuries, and the only confirmed injury was to the ear. The acc…
Source excerpt
- Assault With Intent To Do Grievous Bodily Harm
- Mens Rea
- Dolus Indirectus
- Culpa Negligence