Court : South Africa Supreme Court of Appeal
..... approach to sentence in matters of this kind was formulated with admirable clarity by corbett ja in s v nxumalo 1982 (3) sa 856 (a) at 861g when he said: it seems to me that in determining an appropriate sentence in such cases [ie cases of culpable homicide arising from traffic accidents] the basic criterion to which the court must have regard is the degree of culpability or blameworthiness exhibited by the accused in committing the negligent act. ..... [6] according to the appellant he was also seriously injured in the accident and was admitted to hospital for five days. ..... both passengers testified that the appellant had successfully executed the same manoeuvre that led to the accident on the fateful day on two previous occasions. ..... at the time of the collision he had therefore used the same route that traverses the railway crossing, where the accident occurred, for nearly ten years. ..... of these, four were eyewitnesses while the fifth was an engineer in the employ of metrorail who gave evidence about the technical aspects regarding traffic control at the railway crossing where the accident occurred. ..... he further maintained that he remembered absolutely nothing, from the time that he stopped behind the last vehicle in the queue in buttskop road, until he regained consciousness after the accident. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [2] the regional court magistrate came to the conclusion that the appellant was guilty of murder on the basis of dolus eventualis in that: he foresaw that what he did would cause an accident, but he decided to adopt an: (sic! ..... his actions after the shooting are incongruous with his plea that it was all an unfortunate accident. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... first, the high court, relying on road accident fund v mongalo; nkabinde v road accident fund 2003 (3) sa 119 (sca) para 6, held that as the appellant initially asserted in her founding affidavit that her customary marriage was concluded on 1 november 1970, which turned out to be untrue, she could not rely on ..... in road accident fund v mongalo; road accident fund v nkabinde[6]this court said (paras 6-7): [6] the starting point in establishing the meaning of 'conclusive proof' must be principle. ..... [6] road accident fund v mongalo; nkabinde v road accident fund 2003 (3) sa 119 (sca) paras 6-7. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... he would always apologise thereafter, claiming it was an accident. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... in wright v multilateral vehicle accident fund (corbett and honey. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... road accident fund v mothupi 2000 (4) sa 38 (sca) para 30 and cases there cited.
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... on 19 april 2006, ms stroud sent an e-mail to the respondent enclosing the court order, a letter from the road accident fund confirming the settlement amount paid, a breakdown of the payments made to the company that built the house and the detailed account sent to her mother. ..... on 30 january 1988, when she was approximately four years old, the respondent sustained injuries and was rendered a paraplegic in a motor vehicle accident between two motor vehicles, a valiant, in which she was a passenger, and a toyota. ..... . he had initially accepted the teachers explanation that it was an accident .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... dr kaiser testified that a patient who is admitted after a motor vehicle accident should receive a complete clinical examination once a complete history of the patient had been obtained. ..... [13] dr molete testified that patients involved in motor vehicle accidents were prone to neck fractures and injuries to the thorax and to the pelvis. ..... [12] dr molete examined the appellant for what he called very serious life threatening conditions because she had been a victim of a motor vehicle accident. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the only facts relevant to the plea of prescription that it contained were the date of the accident, that he was treated at the nelson mandela hospital and some general allegations of negligence on the part of the hospital staff. ..... judgment wallis ja (mthiyane dp, maya ja and van zyl and mathopo ajja concurring) [1] mr mbodla was injured in a motor accident on 25 june 2006. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [15] the argument was advanced that because the appellants wife had been injured in a motor accident some 11 years before, and is disabled to an extent as a result, the imposition of a custodial sentence on the appellant would work hardship on the appellants daughter because the appellant was responsible for most of the physical caring for .....
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