Jub Jub makes second appeal

These guys explain the Dolus Eventualis in relation to Jub Jub very well...
http://www.thoughtleader.co.za/trap...he-appropriate-intention-required-for-murder/
http://deminimusnoncuratlex.wordpre...s-guilty-of-murder-and-not-culpable-homicide/

Dolus Eventualis, an instance where an accused does not aim to bring about a prohibited consequence with his particular conduct, but does however, foresee the possibility of the prohibited consequence ensuing, and still proceeds with his conduct.
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Rocket-Boy said:
Extenuating circumstances can lead to it being a murder charge despite it not being premeditated.
This is what happened to them.
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It doesn't need to be premeditated, it has to be intentional.
 
daveza said:
So if I drink a bottle of vodka, hop in my car and destroy the lives of 6 children the most I can expect is negligence ?
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Yep, that's how the law works, unless you intentionally drove your car to those 6 children. The big word here is "intention".
 
Garyvdh said:
It wasn't ONLY based on the Humphreys case (although that did come into the discussion). The principle of dolus eventualis has long been recognised in our law, even if it more rare.

http://www.iol.co.za/news/crime-cou...a-lifeline-for-jub-jub-1.1491005#.U5miTyg098E

The difference in the Jub Jub case was that the court found that the two defendants HAD accepted that death could be a very result of their conduct, but they didn't care anyway.

That will be the determining factor here again.
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That was the finding of a judge who applied his mind mainly based on what happened with the Humphrey case, hence he quoted the case extensively. Remember that the Humphrey case has been reversed as a murder conviction, so there's no reason for Jub Jub to be convicted of a murder charge, unless the court will be setting a precedence which would be very weird since that kind of precedence has been reversed by a higher court. The high court is bound by decisions of the Appeals court, so they have no choice but to succumb.
 
daveza said:
Hate to think what lalaland-man will think of the Pinetown truck driver charged with 22 counts of negligence !
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That truck driver case if it is a murder case will be appealed successfully in the Appeals court.
 
rza said:
Yep, that's how the law works, unless you intentionally drove your car to those 6 children. The big word here is "intention".
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The law is an ass. What's the purpose of having road laws at all when one can ignore them at will (and on purpose since one does not accidentally drink and drive) if people get away with such minor fine and criminal charges? Might as well just scrap the laws.
 
Garyvdh said:
These guys explain the Dolus Eventualis in relation to Jub Jub very well...
http://www.thoughtleader.co.za/trap...he-appropriate-intention-required-for-murder/
http://deminimusnoncuratlex.wordpre...s-guilty-of-murder-and-not-culpable-homicide/
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They make a good academic case, but bear in mind that they have failed to quote even a single case related to the circumstances of Jub Jub. Instead, the second author quoted cases of Mini who stabbed a person, Horn who shot someone, and Goosen who robbed and killed. The only related case the second author quotes our dear friend Humphrey, yet he pretends as if the judgement in Jub Jub's case was solid. This is what he says:
Upon the successful prove, beyond reasonable doubt, of these requirements an issue of Dolus Eventualis exist. In the Jub Jub matter, the State shouldn’t have had much trouble in proving such. The requirements are satisfactorily present. Similarly to the Humphreys matter earlier this year, the judge explained the murder conviction by saying that “[h]e could not think of a better example of a person being able to foresee the consequences of their actions” than when Humphreys zig-zagged through the level crossing after the booms had shut to indicate an on-coming train.
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The problem with him is that Humphrey's case was dealt a final blow by SCA. THe magistrate in Jub Jub's case also based it on Humphrey.
 
Humphreys should have got life without parole.

Ask the dead children's parents if he is a murder or just a negligent. I hope they are waiting for him when he gets out.
 
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