R v Motomane,[1] is an important case in South African criminal law, heard on February 3, 1961, with significance especially for the question of the novus actus interveniens.
The accused, charged with murder, had knifed a woman, thereby injuring a vein. The bleeding stopped, but a clot formed. The woman would probably have recovered in the ordinary course, but this course was interrupted when a medical practitioner decided to operate: a prudent decision but not a necessary one. The clot was disturbed during the operation; the woman haemorrhaged and bled to death.
Judgmentedit
The court held that the burden of proof was upon the accused to show, on the probabilities, that there was an interruption of the causal chain. The court held that the causal chain had been broken, and that the Crown had failed to prove that the accused was responsible for the death of the deceased. The accused was instead convicted of assault with intent to do grievous bodily harm.
Criticismedit
The influential academic CR Snyman disapproves of this judgment, preferring that in S v Mabole.[2]
motomane, important, case, south, african, criminal, heard, february, 1961, with, significance, especially, question, novus, actus, interveniens, courtwitwatersrand, local, divisionfull, case, namedecided6, february, 1961, 1961, citation, 1961, court, membersh. R v Motomane 1 is an important case in South African criminal law heard on February 3 1961 with significance especially for the question of the novus actus interveniens R v MotomaneCourtWitwatersrand Local DivisionFull case nameR v MotomaneDecided6 February 1961 1961 02 06 Citation s 1961 4 SA 569 W Court membershipJudge sittingLudorf JCase opinionsDecision byLudorf JKeywordsCriminal law Murder Cause of death Novus actus interveniens Onus Contents 1 Facts 2 Judgment 3 Criticism 4 References 5 NotesFacts editThe accused charged with murder had knifed a woman thereby injuring a vein The bleeding stopped but a clot formed The woman would probably have recovered in the ordinary course but this course was interrupted when a medical practitioner decided to operate a prudent decision but not a necessary one The clot was disturbed during the operation the woman haemorrhaged and bled to death Judgment editThe court held that the burden of proof was upon the accused to show on the probabilities that there was an interruption of the causal chain The court held that the causal chain had been broken and that the Crown had failed to prove that the accused was responsible for the death of the deceased The accused was instead convicted of assault with intent to do grievous bodily harm Criticism editThe influential academic CR Snyman disapproves of this judgment preferring that in S v Mabole 2 References editS v Mabole 1968 4 SA 811 R R v Motomane 1961 4 SA 569 W Notes edit 1961 4 SA 569 W 1968 4 SA 811 R nbsp This article relating to case law in South Africa is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title R v Motomane amp oldid 1084901908, wikipedia, wiki, book, books, library,
