S v Bernardus

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S v Bernardus, an important case in South African criminal law, was one of unlawful assault (the throwing of a stick) which had resulted in death. The majority of the court, rejecting the view suggested by Hoexter JA in S v van der Mescht,[1][2][3] that intention on the part of an accused to assault might, in the event of the victim's dying as a result of such assault, be sufficient to support a conviction of the assailant for culpable homicide, held that the correct criterion was that of foreseeability.

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  1. ^ 1962 (1) SA 521 (A).
  2. ^ 538C-F.
  3. ^ See also the various decisions reviewed at 294-66 of the report in Bernardus.