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Section 112(2) - Culp

Course

Criminal law (LAWS 2014)

941 Documents
Students shared 941 documents in this course
Academic year: 2022/2023
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University of the Witwatersrand, Johannesburg

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IN THE MAGISTRATE’S COURT FOR THE DISCTRICT OF WYNBERG HELD AT WYNBERG

In the matter between: - Case number: 2/1335/

THE STATE

vs

JOHN SMITH Accused

STATEMENT IN TERMS OF SECTION 112(2) OF ACT 51 OF 197 7

I, the undersigned,

JOHN SMITH

do hereby state that I wish to make the following statement:

AD MAIN COUNT 1

  1. I am an accused in this matter and I fully understand the allegations as set out in the charge against me.

  2. I plead guilty to the charge of culpable homicide. I plead guilty freely and voluntarily without being influenced thereto.

  3. I therefore make the following admissions in respect of the charge against me:

3 On or about the 11th of September 2019, at or near Ou Kaapse Weg which is a public road in the district of Wynberg, I was driving a BMW motor vehicle with registration number CY222223, travelling in the direction of Simonstown, on my way home.

3 At the time of the motor vehicle accident, it was a clear day and the sun was shining, and I was driving within the speed limit.

3 After I passed the turnoff to the Silvermine nature reserve, the road began to turn left. However at this point, my vision was obstructed and as a result my

vehicle veered right over the solid white line, into the lane of the oncoming traffic.

3 I admit that my vehicle crossed over the solid white line and veered into an oncoming traffic. This action was contrary to the behaviour of a reasonable driver in that situation and was negligent.

3 As a result of this negligent action, I felt a sudden impact on the driver’s side of my vehicle and that I heard a loud scraping noise, which was when my vehicle collided with an oncoming SUV, after which I was rendered unconscious.

3 I further admit that as a result of this collision, Mr X passed away. I further admit that Mr X was at the time of his life the age of 80.

3 I admit that the death of Mr X was due to the collision between my vehicle and the vehicle in which he was travelling, due to the fact that my vehicle veered across the road, into the lane of the oncoming traffic.

3 I admit the contents of the medico-legal report conducted by Dr Rufaro Diana Jaravaza with reference number WC11/2543/2019 and the findings therein.

3 I further admit that my actions were negligent and punishable by a court of law.

  1. I am extremely remorseful for my actions. The accident in question will haunt me for the remainder of my life.

  2. I am therefore at the mercy of the Honourable Court and I beg forgiveness from all parties involved.

SIGNED AT WYNBERG ON THIS THE 19TH DAY OF JUNE 2020

_______________________________

JOHN SMITH

2

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Section 112(2) - Culp

Course: Criminal law (LAWS 2014)

941 Documents
Students shared 941 documents in this course

University: University of the Witwatersrand, Johannesburg

Was this document helpful?
IN THE MAGISTRATE’S COURT FOR THE DISCTRICT OF WYNBERG HELD AT WYNBERG
In the matter between: -
Case number: 2/1335/17
THE STATE
vs
JOHN SMITH Accused
STATEMENT IN TERMS OF SECTION 112(2) OF ACT 51 OF 1977
I, the undersigned,
JOHN SMITH
do hereby state that I wish to make the following statement:
AD MAIN COUNT 1
1. I am an accused in this matter and I fully understand the allegations as set out in the
charge against me.
2. I plead guilty to the charge of culpable homicide. I plead guilty freely and voluntarily
without being influenced thereto.
3. I therefore make the following admissions in respect of the charge against me:
3.1 On or about the 11th of September 2019, at or near Ou Kaapse Weg which is
a public road in the district of Wynberg, I was driving a BMW motor vehicle
with registration number CY222223, travelling in the direction of Simonstown,
on my way home.
3.2 At the time of the motor vehicle accident, it was a clear day and the sun was
shining, and I was driving within the speed limit.
3.3 After I passed the turnoff to the Silvermine nature reserve, the road began to
turn left. However at this point, my vision was obstructed and as a result my

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