CRIMES AGAINST THE PERSON: LIFE & BODILY INJURY

HOMICIDE GENERALLY:
Homicide = the killing of a human being. Includes: suicide murder (including infanticide) culpable homicide Constitution: section 11

MURDER
Definition: The unlawful & intentional killing of another living person.

Elements
1. Unlawful 2. Killing
Act/Omission Factual & Legal Cause

3. Person
S. 239 (1) of the CPA S v Mshumpa & Another 2008 (1) SACR 126 (E).

4. Intention Subjective dolus Dlamini &

Another v The State [2006] SCA 110 RSA

MURDER: PUNISHMENT
Section 51: Criminal Law Amendment Act 105 of 1997 (i) Imprisonment for life sometimes imposed:
s.51(1) read with Schedule 2 Part I

(ii) Other minimum periods of imprisonment sometimes imposed:

s.51(2)(a) read with Schedule 2 Part II S.51(3)(a) S v Malgas 2001 (1) SACR 468 (SCA) para 25.

(iii) Avoidance of minimum sentences:

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

Elements: 1. Unlawful 2. Killing 3. Person 4. Fault (negligence) = difference between murder and culpable homicide

Extra Reading
See Balkwell and Another v The State [2007] 3 All SA 465 (SCA)

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.

Crimes Against the Person: Bodily Injury

ASSAULT Ordinary or Common Assault. Assault with Intent (to cause GBH or to commit another offence) Indecent assault.

COMMON ASSAULT
Definition: Unlawfully & intentionally: applying force, directly or indirectly, to the person of another; or inspiring a belief in another person that force is immediately to be applied to him or her.

ELEMENTS
1. Unlawful 2. Force or Fear 3. Intention

1. UNLAWFUL
Exceptions Court Authority Disciplinary Chastisement Defence of person/property Lawful Arrest Consent

2. FORCE
2.1 Application of Force:
- Direct/Indirect/By Omission - R v Jolly 1923 AD 176

2.2Touching:
- De minimus rule

2.3 Inspiring Fear:

- Imminent - Conditional - Present ability - Reasonable S v Miya 1966 (4) SA 274 (N)

ASSAULT GBH
ELEMENTS 1. Assault 2. GBH 3. Intent

Grievous Bodily Harm

S v R 1998 (1) SACR 166 (W) S v Mbelu 1966 (1) PH H 176 (N) S v Mdau 2001 (1) SACR 625 (W) at 626i-j S v Smith 2003 (2) SACR 135 (SCA) Mvelase and another v S [2000] 3 All SA 48 (N) - sentence