Knowledge (XXG)

S v Russell

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158:
being a statute. If the true sense of those judgments is a more restricted one, viz. that an omission unconnected with prior conduct is always to be regarded as a mere omission, i.e. as a failure to do what the person concerned is not bound to do, I must, with great deference, disagree with it. The Roman law, as also the Roman-Dutch law, recognises the principle that, generally speaking, no one is bound to mind the business of another, even where he can, with no danger or expense to himself, avert serious harm from the other, and that no liability is incurred by refraining from doing so, even if the omission should violate a moral duty But there is a variety of circumstances, some of them unconnected with prior conduct, which impose the duty to act in order to avoid reasonably foreseeable loss to another. The circumstances which will give rise to such a duty may differ according to the conceptions prevailing in a particular community at a given time.
208:, by the manner of his acceptance of the warning in Mostert's absence, had created a potentially dangerous position, and that thereafter there was a duty on him to pass on the warning to Mostert and his co-employees who were engaged on the same project, and who might reasonably be unaware of the danger; and that his failure to do so constituted negligence. It was the accused's negligence, accordingly, which had caused the death of the deceased: "It accordingly follows, in my opinion, that the conviction and sentence were in accordance with justice and that they should both be confirmed by this Court." 117:, an important case in South African criminal law, heard on July 12, 1967, the accused had been warned of the danger of operating a crane under a live electric wire, but had failed to pass on the warning to his co-employees. This omission, constituting negligence, led to the death of one of them. He was convicted of culpable homicide. 195:
of Roman law—the average prudent person. Every man has a right not to be injured in his person or property by the negligence of another—and that involves a duty on each to exercise due and reasonable care. The question whether in any given situation a reasonable man could have foreseen the likelihood
157:
From these remarks it may fairly be gathered that an omission does not entail delictual liability where there is no legal duty to act, that generally speaking such a duty will arise from a prior act or from prior conduct, but that it could also arise from some other source, one such possible source
125:
Russell, the accused, was charged before a magistrate of culpable homicide arising out of the electrocution of Aaron Masenyetsi, a black male employee at Ngagane Railway Station. It appeared from the evidence that on June 23, 1966, the accused, a white male carpenter employed in the Department of
129:
Overhead was an electric wire. Whilst Mostert and his black assistants, including the deceased, were not present, the shunter, in accordance with his duty to warn all workmen present, had informed the accused that the current was about to be switched on, and that he would be advised when it was
172:
Now negligence can never be disentangled from the facts; but its existence is best ascertained by applying to the facts of each case the standard of conduct which the law requires. And that standard is the degree of care and skill which a reasonable man would exercise under the
196:
of harm and governed his conduct accordingly is one to be decided in each case upon a consideration of all the circumstances. Once it is clear that the danger would have been foreseen and guarded against by the
126:
Water Affairs, was assisting one Mostert, the crane operator in charge of loading pipes onto a lorry from a crane fitted on the back thereof, also an employee of the Department.
268: 324: 130:
switched off, so that they could proceed with the loading. The deceased omitted to inform Mostert thereof on his return, and the loading continued.
329: 143: 314: 191:—the failure to observe that degree of care which a reasonable man would have observed. I use the term reasonable man to denote the 149: 147:, where Steyn CJ, who delivered the minority judgment, after referring to certain remarks made by Innes ACJ and Wessels JA, in 179: 217: 319: 66: 30: 187:
It has repeatedly been laid down in this Court that accountability for unintentioned injury depends upon
200:, the duty to take care is established, and it only remains to ascertain whether it has been discharged. 164: 308: 204:
Van Heerden J found, on the basis of these and other authorities, that the accused
133:
The top of the crane touched the wire and the deceased was electrocuted and died.
141:
In a review of a conviction of culpable homicide, Van Heerden J cited
105:
Criminal law, Culpable homicide, Omission, Negligence
99: 91: 86: 78: 73: 61: 46: 36: 26: 21: 144:Silva's Fishing Corporation (Pty.) Ltd v Maweza 8: 150:Halliwell v Johannesburg Municipal Council 18: 242: 7: 168:, Innes CJ had stated as follows: 14: 183:, Innes CJ added the following: 325:South African criminal case law 180:Cape Town Municipality v Paine 1: 330:KwaZulu-Natal Division cases 346: 218:South African criminal law 82:Fannin J and Van Heerden J 315:1967 in South African law 104: 31:Natal Provincial Division 16:South African legal case 202: 198:diligens paterfamilias 193:diligens paterfamilias 175: 160: 50:12 July 1967 185: 170: 155: 153:, stated as follows: 249:1957 (2) SA 256 (A). 232:1967 (3) SA 739 (N). 109: 108: 337: 320:1967 in case law 299: 296: 290: 287: 281: 278: 272: 265: 259: 256: 250: 247: 74:Court membership 57: 55: 19: 345: 344: 340: 339: 338: 336: 335: 334: 305: 304: 303: 302: 297: 293: 288: 284: 279: 275: 266: 262: 257: 253: 248: 244: 239: 226: 214: 139: 123: 53: 51: 17: 12: 11: 5: 343: 341: 333: 332: 327: 322: 317: 307: 306: 301: 300: 291: 282: 273: 260: 251: 241: 240: 238: 235: 234: 233: 225: 222: 221: 220: 213: 210: 173:circumstances. 138: 135: 122: 119: 107: 106: 102: 101: 97: 96: 93: 89: 88: 84: 83: 80: 79:Judges sitting 76: 75: 71: 70: 63: 59: 58: 48: 44: 43: 38: 37:Full case name 34: 33: 28: 24: 23: 15: 13: 10: 9: 6: 4: 3: 2: 342: 331: 328: 326: 323: 321: 318: 316: 313: 312: 310: 295: 292: 286: 283: 277: 274: 270: 264: 261: 255: 252: 246: 243: 236: 231: 228: 227: 223: 219: 216: 215: 211: 209: 207: 201: 199: 194: 190: 184: 182: 181: 174: 169: 167: 166: 165:Rex v Meiring 159: 154: 152: 151: 146: 145: 136: 134: 131: 127: 120: 118: 116: 115: 103: 98: 95:Van Heerden J 94: 90: 87:Case opinions 85: 81: 77: 72: 68: 64: 60: 49: 45: 42: 39: 35: 32: 29: 25: 20: 294: 289:1923 AD 207. 285: 276: 263: 254: 245: 229: 205: 203: 197: 192: 188: 186: 178: 176: 171: 163: 161: 156: 148: 142: 140: 132: 128: 124: 113: 112: 110: 41:S v Russell 40: 230:S v Russell 114:S v Russell 92:Decision by 22:S v Russell 309:Categories 224:References 54:1967-07-12 65:1967 (3) 212:See also 137:Judgment 100:Keywords 62:Citation 206:in casu 69:739 (N) 52: ( 47:Decided 267:1927 237:Notes 189:culpa 121:Facts 27:Court 298:216. 258:264. 280:45. 271:41. 177:In 162:In 111:In 311:: 269:AD 67:SA 56:)

Index

Natal Provincial Division
SA
Silva's Fishing Corporation (Pty.) Ltd v Maweza
Halliwell v Johannesburg Municipal Council
Rex v Meiring
Cape Town Municipality v Paine
South African criminal law
AD
Categories
1967 in South African law
1967 in case law
South African criminal case law
KwaZulu-Natal Division cases

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