South Africa Case Law

Maarohanye and Another v S (A378/2013)

Maarohanye and Another v S (A378/2013) [2014] ZAGPJHC 251; 2015 (2) SA 73 (GJ); 2015 (1) SACR 337 (GJ) (8 October 2014)

Court

South Gauteng High Court, Johannesburg

Case number

A378/2013

Judges

D Mlambo, GSS Maluleke, C Pretorius

The trial court erred in finding that dolus eventualis was established. The evidence showed that the appellants' judgment was impaired by drug-induced euphoria, leading them to believe no collision would occur and that other road users would make way for them. This state of mind is inconsistent with the appreciation and reconciliation required for dolus eventualis. Both elements of dolus eventualis were absent; the appellants did not foresee the possibility of causing death or injury and did not reconcile themselves to such consequences. The correct conviction is culpable homicide, not murder…

Source excerpt

• Culpable Homicide
• Dolus Eventualis
• Reckless Driving
• Drug Influence
• Sentencing Principles

S v Kosztur (401/87)

S v Kosztur (401/87) [1988] ZASCA 59 (25 May 1988)

Court

Supreme Court of Appeal

Case number

401/87

Judges

Van Heerden, Smalberger, Steyn

Appeal against a death sentence was dismissed after the court found no extenuating circumstances despite psychopathy, drug use, and a troubled background.

• Murder
• Extenuating Circumstances
• Psychopathy
• Drug Influence
• Moral Blameworthiness
• Extenuating-circumstances