''S v Bernardus'' 1965 (3) SA 287 (A), 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'',
[See also the various decisions reviewed at 294-66 of the report in ''Bernardus''.] 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
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Ca ...
.
See also
*
South African criminal law
References
* ''S v Bernardus'' 1965 (3)
SA 287 (A).
* ''
S v van der Mescht'' 1962 (1) SA 521 (A).
Notes
1965 in South African law
1965 in case law
South African criminal case law
Appellate Division (South Africa) cases
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