South Africa Case Law

Peterson v S (CA&R196/2015)

Peterson v S (CA&R196/2015) [2015] ZAECGHC 130 (29 October 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R196/2015

Judges

J M Roberson, N Beshe

The court found that the appellant, a person of normal intelligence and not under the influence of alcohol, acted deliberately when she picked up a dangerous knife and stabbed the deceased in a vulnerable area of his body. The evidence of impartial witnesses indicated that the deceased was not advancing on the appellant and posed no further threat. The appellant's claim of fear was rejected as an afterthought. The court inferred that the appellant subjectively foresaw the possibility of death resulting from her conduct and reconciled herself with that possibility, satisfying the requirements…

Source excerpt

• Dolus Eventualis
• Murder
• Culpable Homicide
• Subjective Intention

S v Masha (3214/07)

S v Masha (3214/07) [2010] ZAGPPHC 298 (5 January 2010)

Court

North Gauteng High Court, Pretoria

Case number

3214/07

Judges

B.R du Plessis, C. Botha

Automatic review of a theft conviction was set aside because, although the accused was unlawfully on the premises, reasonable doubt remained about intent to steal.

• Theft
• Intention To Steal
• Abandonment Of Property
• Subjective Intention
• Scrap Metal
• Burden Of Proof