PLEASE NOTE:

MyNews24 is a user-generated section of News24.com. The stories here come from users.

 
Crracker
 
Comments: 17
Article views: 483
 
 
Latest Badges:



 
View all Crracker's badges.
 

Legal principles on the altar of convenience and incompetence

07 December 2012, 10:30

The recent convictions of vehicle drivers for murder refer.  

On the available information they were not guilty of murder but culpable homicide.

The principles established by the legal system have followed a long and sometimes torturous (literally) process. The difference between negligence and intent, and thereby the difference between for example murder and culpable homicide, have crystallized for some very good reasons. We must not allow the line between the two to be blurred by incompetent/sea lawyers or popular sentiment. We cannot afford it.

Taken from a text book which lists a number of decisions by some very distinguished judges:

“Where on acts with the intention of attaining a particular object, and at the same time subjectively realises or appreciates that another consequence may possibly results from one’s conduct, and one RECONCILES  ONESELF TO THIS POSSIBILITY, one’s intent in relation to the possible takes the form of dolus eventualis. It is NOT ENOUGHT that one SHOULD REASONABLY HAVE FORESEEN the possibility or other consequences ensuing; one must ACTUALLY AND SUBJECTIVELY HAVE FORESEEN this possibility.”

“The SUBJECTIVE ANTICIPATION of other possible results emanating  from one’s conduct is IN ITSELF NOT SUFFICIENT TO ESTABLISH INTENT: it must in addition be clear that one RECONCILED ONSELF TO THE FORESEEN POSSIBILITY.  If one foresaw the possible consequences but did not subjectively reconcile oneself to them, one was possibly only negligent.”

“The element of reconciliation is usually expressed by stating that a defendant acted with a reckless disregard of the foreseen possible consequences. The term “reckless” in this respect is unfortunate, and should be avoided.”

Stop the carnage on the roads by getting the cops to do their work properly, consistently and every single day. Get them out of their comfortable cars and the fried chicken outlets.

And force them to make use of verifiable recordings of their interactions with the public. That will be the only way to get the public and the courts to believe them.

Anything except the dilution or destruction of our legal principles.

Rather try effective law enforcement and rather get the bad drivers and illegally licensed drivers off the road. Permanently.

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.
 

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
17 comments
Add your comment
Comment 0 characters remaining

Read more from our Users

Submitted by
KenEverett
God vs Evil Loo-Shin

I would like to present a few comparisons between these two unequal opponents so that those ‘on the fence’ can choose wisely. Read more...

54 comments 339 views
Submitted by
thailor
Don't be so yesterday! Wake-up an...

I urge the youth to inform their fathers, mothers and old relatives about the current state of our country. Read more...

3 comments 61 views
Submitted by
CynicalBookworm
One fine Day at Nkandla

Sometime in February 2014 at Nkandla. A leader and two ex-members of a political party are having a quick chat over a cup of tea. Read more...

0 comments 89 views
Submitted by
SydneyG
Kings and Queens. We were kids!

Given all the contamination in our God-given atmosphere; courtesy from all the bad vibes and vitriolic exchanges between political rivals in South Africa due to oncoming General Elections in May.  Read more...

0 comments 117 views
Submitted by
Tyronehster
Ballot's Ghost

Is this a ballot which I see before me, The pencil toward my hand? Come, let me spoil thee! Read more...

0 comments 74 views
Submitted by
Melt Botes
Are we responsible for poor gover...

The back bone of effective policy making is effective political participation. In a democratic republic, citizens have a social responsibility to influence and pressure government to act in favour of the community as a whole. Read more...

1 comments 188 views

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

 

services

E-mail Alerts The latest headlines in your inbox

RSS feeds News delivered really simply.

Mobile News24 on your mobile or PDA

E-mail Newsletters You choose what you want

News24 on your iPhone Get News24 headlines on your iPhone.

SMS Alerts Get breaking news stories via SMS.

Blogs Your opinion on you, me and everyone.

Calais Website keywords automated by OpenCalais.

 
Digital Media & Marketing Association
 
© 2014 24.com. All rights reserved.
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.