(b) shall ensure that, where practicable, every person who has an interest in the matter has been given notice of the application and has been afforded a reasonable opportunity of being heard therein. (5) No criminal liability shall attach to (a) any person who terminates the life of another person pursuant to an order under subsection (2); or (b) an applicant referred to in subsection (3); or (c) the curator ad litem referred to in subsection (4). (6) An order granted in terms of subsection (2) shall cease to be valid after eighteen months have elapsed from the date on which it was granted. 55 Killing while disposing of victim’s body (1) If any person (a) does or omits to do any thing in relation to another person which, if it caused that other person’s death, would constitute murder or infanticide; and (b) thinking that by such conduct he or she has killed the other person, disposes or attempts to dispose of the other person’s body; he or she shall be guilty of murder or infanticide, as the case may be, if, when he or she engages in the disposal, the other person is not dead but dies as a result of the disposal or attempted disposal. (2) Subsection (1) shall apply whether the person concerned formed the intention to dispose of the other person's body before, during or after he or she does or omits to do the thing referred to in paragraph (a) of that subsection. (3) Nothing in this section shall prevent a person being convicted of culpable homicide or any other crime arising out of the disposal or attempted disposal of another person’s body. 56 Error as to identity The fact that a person charged with murder, infanticide or culpable homicide mistakenly believed that the person whose death he or she caused was someone else, shall not constitute a defence to the charge. 57 Deflected blow in homicide cases If any person (a) does or omits to do anything in relation to another person which, if it caused that other person’s death, would constitute murder, infanticide or culpable homicide; and (b) by the conduct referred to in paragraph (a), causes the death of someone other than his or her intended victim; he or she shall be guilty of the following crimes (i) in respect of the intended victim A. murder, infanticide or culpable homicide, as the case may be, if the intended victim dies; or B. attempted murder, attempted infanticide or assault, as may be appropriate, if the intended victim does not die; and (ii) in respect of the person whose death he or she has actually caused A. murder or infanticide, as the case may be, if he or she realised that his or her conduct involved a real risk or possibility of causing the death of someone other than his intended victim; or B. culpable homicide, if the requisites of that crime are satisfied. 58 Joining in after fatal injury inflicted If (a) a person does or omits to do anything in relation to another person which, if it caused that other person's death, would constitute murder, infanticide or culpable homicide; and (b) before he or she does or omits to do the thing referred to in paragraph (a), and independently of that act or omission, his or her victim has received injuries, whether in a fatal attack or otherwise, which subsequently cause the victim’s death; he or she shall be guilty of (i) murder, infanticide or culpable homicide, as the case may be, if his or her conduct accelerated the death of his or her victim; or (ii) attempted murder, attempted infanticide or assault, as may be appropriate, if his or her conduct did not accelerate the death of his or her victim.

Select target paragraph3

Add to table of contents