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The interpretation and application of dolus eventualis in South African criminal law

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dc.contributor.advisor Mollema, Nina, 1965- Awa, Linus Tambu 2020-06-10T07:23:40Z 2020-06-10T07:23:40Z 2019-11
dc.description.abstract An accused cannot be held criminally liable by a court until he is considered to be culpable, a process which entails establishing criminal capacity and intention (dolus) or negligence (culpa). Determining a perpetrator’s necessary intent in the form of dolus eventualis has proved to be a predicament in South African jurisprudence. This type of intent occurs when a person does not aim to cause the unlawful act, however, he subjectively foresees the likelihood that in pursuing with his conduct, the unlawful result will possibly happen, and he reconciles himself to this possibility. The problem with this form of intention, especially where the death of another is caused recklessly, is, amongst others, reservations as to whether the perpetrator’s foresight was of a real, reasonable or a remote possibility. This research examines the imperatives and rationale for preceding and current interpretations and applications of dolus eventualis and associate concepts in South African as well as in selected foreign legal frameworks in order to provide a comprehensive perspective on the subject. In this regard, the study challenges conflicting judgments on the application of dolus eventualis in domestic courts, especially as regards homicide- and putative private defence cases, amongst others. It is evidenced that in case law concerning dolus eventualis, legal rules were not properly articulated when determining this type of criminal intent. In this investigation, the legislative framework applicable to dolus eventualis under international law is also critically evaluated with the aim of facilitating the comprehension of this element in South African law. As the concept of dolus eventualis is an indispensable concept in South African criminal law, recommendations are proposed on the application and interpretation of dolus eventualis suitable to the South African landscape, which includes possible law reform. en
dc.format.extent 1 online resource (xii, 270 leaves) en
dc.language.iso en en
dc.subject Actus reus en
dc.subject Culpa en
dc.subject Culpability en
dc.subject Doctrine of common purpose en
dc.subject Dolus en
dc.subject Dolus directus en
dc.subject Dolus eventualis en
dc.subject Dolus indirectus en
dc.subject Foresight en
dc.subject Mens rea en
dc.subject Recklessness en
dc.subject.ddc 345.4068
dc.subject.lcsh Criminal intent -- South Africa en
dc.subject.lcsh Criminal liability -- South Africa en
dc.subject.lcsh Criminal law -- South Africa en
dc.title The interpretation and application of dolus eventualis in South African criminal law en
dc.type Thesis en
dc.description.department Criminal and Procedural Law en LL. D. (Criminal and Procedural Law)

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