Coffin assault trial

FoXtroT said:
If I'm not mistaken, attempted murder requires an overt act that would lead to death. That doesn't meet it in my view. Its the equivalent of pointing a gun at someone but not firing.

If they had actually lit the coffin on fire, then yes there is your overt act.

Anyone with better legal experience is free to correct me though, but that is my understanding of our law.
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Ponting a gun and firing is a charge on it's own.
It can only be attempted murder if he shoots and the guy survives
 
So threatening amounts to attempted murder but this is only assault....

ANC councillor Andile Lungisa and Ward 19 councillor Gamalihleli Maqula, both smartly dressed in dark suits, made a brief appearance in the Port Elizabeth Magistrate’s Court yesterday morning.

They face charges of assault with intent to do grievous bodily harm after DA chief whip Werner Senekal and mayoral committee member for roads and transport Rano Kayser sustained serious injuries during a brawl in council in October.

During their appearance yesterday, the prosecution joined their cases. Lungisa is accused of hitting Kayser over the head with a glass jug, while Maqula allegedly stabbed Senekal in the back with a sharp object.
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I would have thought if they really wanted to murder him they would have been able to overpower him and he would not be able to resist the lid being shut
 
Out of interest. Did the judge have any assessors or other judges sitting in?
 
marine1 said:
Ponting a gun and firing is a charge on it's own.
It can only be attempted murder if he shoots and the guy survives
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Yeah, that was my point. This case is the equivalent of pointing a firearm at someone and threatening them. (I understand there are some other charges related to firearms but you get my point) Doing that is not attempted murder.
 
daveza said:
So threatening amounts to attempted murder but this is only assault....
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Remember, they attacked white people. Part of the oppression in SA is that this does not amount to a crime. Strange they have been charged.
 
An attempt is completed where x has done everything he/she can to commit the crime, but for some reason the crime is not completed, as where x shoots at y but misses.
 
I did not follow the case but was it clear that the conduct of the two moved from making preparations to the commencement of the actual execution of the intended crime of murder? Preparation is not enough for attempt.
 
If they have a half decent lawyer he should be able to knock off the attempted murder charge. They're guilty of assault and intimidation but unlikely they were trying to kill him.
 
A white touching a black will amount to attempted murder in this f**ked up country. But watch the farm attacks trials, they're treated like angels.
 
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