R v Motomane

R v Motomane,[1] is an important case in South African criminal law, heard on February 3, 1961, with significance especially for the question of the novus actus interveniens.

R v Motomane
CourtWitwatersrand Local Division
Full case nameR v Motomane
Decided6 February 1961 (1961-02-06)
Citation(s)1961 (4) SA 569 (W)
Court membership
Judge sittingLudorf J
Case opinions
Decision byLudorf J
Keywords
Criminal law, Murder, Cause of death, Novus actus interveniens, Onus

Facts

The accused, charged with murder, had knifed a woman, thereby injuring a vein. The bleeding stopped, but a clot formed. The woman would probably have recovered in the ordinary course, but this course was interrupted when a medical practitioner decided to operate: a prudent decision but not a necessary one. The clot was disturbed during the operation; the woman haemorrhaged and bled to death.

Judgment

The court held that the burden of proof was upon the accused to show, on the probabilities, that there was an interruption of the causal chain. The court held that the causal chain had been broken, and that the Crown had failed to prove that the accused was responsible for the death of the deceased. The accused was convicted instead of assault with intent to do grievous bodily harm.

Criticism

The influential academic CR Snyman disapproves of this judgment, preferring that in S v Mabole.[2]

See also

References
  • S v Mabole 1968 (4) SA 811 (R).
  • R v Motomane 1961 (4) SA 569 (W).

Notes
  1. 1961 (4) SA 569 (W).
  2. 1968 (4) SA 811 (R).


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.