It's a small world after all
Posted: Thu Oct 09, 2014 4:24 pm
It's a grand defence in South Africa. "All the drugs I took mean that I'm not actually all that responsible for killing and maiming"
Pity they didn't only kill or maim one - then they'd be out already.Judge Cynthia Pretorius sentenced Maarohanye and Tshabalala to 10 years’ imprisonment each, with two years suspended for five years. The nearly two years the pair have already served will be taken into account, so they will serve another six years.
Maluleke said the trial court “erred in concluding that dolus eventualis had been established”. Dolus eventualis refers to the possibility of a consequence or circumstance being foreseen but there is a reckless disregard of the possibility being realised.
The Protea Magistrate’s Court found that drugs the two had used “induced a sense of euphoria and a sense that they would not cause a collision and that other road-users would make way for them”. But the judges found that this finding eliminated dolus eventualis.
“Their mental make-up must therefore have been the opposite to that [of awareness that they were at risk] of causing death or injury,” Maluleke said. “Caution is appropriate and … ‘reckless’ does not always imply dolus eventualis.”
Maarohanye and Tshabalala were racing in Mdlalose Street, Soweto, in their Mini Coopers on March 8 2010 when they lost control of their vehicles and ploughed into a group of pupils walking home from school. Prince Mohube, Mlungisi Cwayi, Andile Mthombeni and Phomello Masemola were killed; Frank Mlambo and Fumani Mushwana survived but were permanently brain damaged.