The Considered View

The #ConsideredView - Dolus Eventualis

Molemo "Jub Jub" Maarohanye and his co-accused Themba Tshabalala were also convicted of murder on four counts, after ploughing into a group of pedestrians travelling through Protea Glen four years ago, killing four school children. This has also now been overturned on appeal.

In both cases the murder charges were set aside and replaced with culpable homicide.

Central to these initial convictions of murder was the concept of dolus eventualis, the form of intention which does not reflect the aim and object of the accused (this is direct intention or dolus directus) but rather where the accused 'foresees the possibility of the circumstance existing or consequence ensuing and proceeds with his or her conduct'.


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