The feasibility of punishing negligent assault

Abstract

Law

In this essay I consider whether or not there is a need for the creation of the crime of negligent assault. I start off by giving a brief exposition of the current position in South Africa with regard to assault. From this exposition it becomes clear that negligent assault is not recognised in South African law. I give a brief summary of the concepts of intention and negligence. After this I briefly discuss what criteria should be considered before invoking the criminal sanction. In the next section of the essay I consider the need for, and the benefits of, creating the crime of negligent assault. Lastly, I critically analyse whether the legislature should intervene or not. My conclusion is that the social benefits of criminalising the conduct do in fact outweigh the negative implications of not criminalising it, and that the legislature would not err if it were to create the crime of negligent assault.