Killer driver's appeal: Judgment reserved

2013-03-12 13:28

Cape Town - The Supreme Court of Appeal has reserved judgment in an appeal by taxi driver Jacob Humphreys against his conviction and sentencing for a deadly crash in 2010, it was reported on Tuesday.

His legal team approached the SCA on Monday asking that it overturn his conviction on 10 counts of murder and replace it with one count of culpable homicide, The Cape Times reported.

He began serving a 20-year jail sentence last February after the Western Cape High Court found him guilty on 10 counts of murder and four of attempted murder.

Humphreys, 57, was behind the wheel of his taxi on 25 August 2010 when it was hit by a train. Ten children died and four were injured in the crash.

He had overtaken a queue of cars waiting to cross the railway line at the Buttskop crossing in Blackheath and ignored warning signals.

According to the report, his legal team argued that the State had not proven beyond reasonable doubt that he had the necessary intent, and that, at most, he had been negligent.

It cited case law which dictated that, where the death of more than one person flowed from a single negligent act, the conviction should be on one count of culpable homicide involving all those who died as a result of the act.

It argued that a "just and proper sentence" would be a five-year prison term, The Cape Times reported.

  • Richard - 2013-03-12 13:49

    I find it hard to have any sympathy with Taxi drivers as they simply have a reputation but maybe I am wrong to do this.

  • Terry Domnakis - 2013-03-12 14:01

    20 yrs for 10 counts of murder??? WTF??? He should have got a minimum of .... um...... lets say...... 10 life sentences. Hope he becomes someones biatch in prison.

      msophiasharp - 2013-03-12 14:08

      Say me too a thousandfold!!!

      John Loveland - 2013-03-12 19:48

      @Terry. So you advocate and approve of rape...

  • jaco.skalkwyk.3 - 2013-03-12 14:04

    Lol. Failed to proof he was negligent? Passing a row of cars and ignoring warning signals kinda implies that he was indeed negligent. Hoop hy sit lank.

  • Nizole Middle-Finger Khala - 2013-03-12 14:09

    Which driver because there are so many killers on our roads?

      Mlungisi Botha - 2013-03-12 18:05

      You again! What are you smoking? So should he just walk free coz we've got so many killers on the road?

  • Deon Louw - 2013-03-12 14:27

    I hope he rather get 40 years.

  • Holdanigono - 2013-03-12 14:41

    I agree with his defense. He had a good reputation in his community and I doubt that he willfully killed those kids. 5 years for manslaughter would be a fair conviction.

      John Loveland - 2013-03-12 19:50

      WRONG,,, this was not the first time he had done this. He also had a string of previous driving charges against him

      Bazil De Wee - 2013-03-13 12:45

      U right so right Holdanigono,these people that attacking u and just talk talk talk must get there facts 2gether and thn open their mouths they must not just believe media where they there when it happend

  • WigzellRM - 2013-03-12 15:08

    He should spend the rest of his life behind bars.

      Rudi Lourens - 2013-03-12 15:51

      Should rot in jail...forever..

  • Attila Biemuller - 2013-03-12 15:20

    Thats the Fashion nowadays "Jump The Queue"

  • Gary5 - 2013-03-12 15:33

    Death penalty?? Think about it, all those lives lost ,how many families destroyed and he wants to get out in 3 yrs?? Death penalty

  • deon.duplessis.144 - 2013-03-12 15:54

    5 year for 10 lives?!!? WTF???

  • Sapper_Coetzee - 2013-03-12 16:15

    I am not a lawyer but their case does not sound very logical or they must learn to count. It cited case law which dictated that, where the death of more than one person flowed from a single negligent act, the conviction should be on one count of culpable homicide involving all those who died as a result of the act. Let's see. 1) he passed the law abiding waiting at a crossing. Since when do you pass people at a crossing? 2) He crossed a solid white line at the crossing. Also not legal. 3) He ignored the warning signs at the crossing. Also illegal. So where do they get a single negligent act? I count 3. And in the 3 three above mentioned cases he did not intend to do it? Take your hiding like a man.

  • Cecil Wright - 2013-03-12 16:25

    Taxi drivers are nothing but scum on the road. They kill more people than anyone else and get away with an punishment . They have absolutely zero regard for any road rules and do exactly what they want. My biggest question is - why are there NEVER any metro police around during peak periods when these taxis break every rule in the book

  • Bryan Robert Torien - 2013-03-12 17:06

    Paragraphs 4 and 5 should read: Humphreys aged 57, on the 25th of August 2010 willfully ignored the rules of the road, by overtaking a queue of motorists on the wrong side of the road, to cross a railway crossing, whilst the boom was down, causing the death of 10 children and injury to 4 other children.

  • Bazil De Wee - 2013-03-13 11:54

    Firstly I just wanna correct all u negitave people,Humphreys is not a taxi driver like u and the media ref ,he is a shop owner and did u know all the parents aproach him for transport,and did u know how many of that children were transport for free ?so please people he is a community man not a money lover or a killer it was a human error!

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