CRIMES AGAINST THE PERSON: LIFE & BODILY INJURY

CULPABLE HOMICIDE
Definition: The unlawful negligent killing of another human being.

Elements: 1. Killing / Causing the death of 2. Another human being 3. Unlawfully 4. Negligently.

CULPABLE HOMICIDE
Definition: The unlawful negligent killing of another human being.

Elements: 1. Killing / Causing the death of 2. Another human being 3. Unlawfully = Difference between murder & culpable 4. Negligently. homicide

CULPABLE HOMICIDE
Test for negligence:
1. whether a reasonable person in the same circumstances would have foreseen the possibility that the deceaseds death may result from the accuseds conduct; 2. whether the reasonable person would have taken steps to guard against such a possibility; and 3. whether the accused failed to take the steps which he should reasonably have taken to guard against such possibility.

CULPABLE HOMICIDE
S v Van Heerden 2010 (1) SACR 529 (ECP)

S v Crossberg 2008 (2) SACR 317 (SCA) Issue of intention to kill. Murder sentence set aside culpable homicide instead. Why?

 S v Ngubane 1985 (3) SA 677 (A)

Person may be found guilty of culp hom even if it is shown that he killed intentionally

S v Jara 2003 (2) SACR 216 (Tk)

ATTEMPT
No such thing!

Culpable Homicide:
Multiple Deaths Caused Negligently Duplication of Convictions: one count or many when more than one person dies?
S v Mavuso 1989 (4) SA 800 (T) S v Mampa 1985 (4) SA 633 (C) S v Naidoo 2003 (1) SACR 347 (SCA)