Mkhize and Others v S (390/18)
Mkhize and Others v S (390/18) [2019] ZASCA 56 (1 April 2019)
The court found that all appellants were present in the room during the interrogation and assault of the deceased, and their collective silence and failure to testify or dispute the State's version strengthened the prima facie case to one beyond reasonable doubt. The medical evidence conclusively established that the deceased died from severe blunt force trauma sustained during the interrogation, and alternative explanations were implausible. The appellants, as police officers, had a duty to prevent the assault and report the crime, and their omission constituted negligence. The requirements…
Source excerpt
- Culpable Homicide
- Common Purpose
- Duty To Prevent Crime
- Failure To Testify
- Cross Examination
- Sentencing Principles