The Director of Public Prosecutions (DPP) in the Western Cape, Advocate Rodney de Kock accepts the Supreme Court of Appeal’s (SCA) judgment in the Jacob Humphreys appeal today. This concludes the criminal proceedings in this matter.
The DPP welcomes the fact that the SCA has clarified the legal test for deciding whether drivers in serious motor-vehicle accidents are guilty of intentional murder or negligent culpable homicide. The court found that Humphries’ actions did not amount to murder because he did not accept that either his passengers or he himself would die even though he realised that they might.
Nevertheless, his behaviour “represented the most reprehensible degree of negligence”. The legal certainty that this matter has brought will promote the proper and effective prosecution of motor-vehicle accidents resulting in death in future.
The sentence of eight years imprisonment imposed reflects the extreme seriousness of Humphries’ behaviour and it will continue to serve as a deterrent to other negligent drivers.
The DPP will continue to give special attention to prosecuting reckless drivers who cause deaths on our roads. Drivers will now be aware that such behaviour may result in long prison sentences, in line with the SCA’s judgment.
Enquiries:
Eric Ntabazalila
Tel: 021 487 7308
Fax: 021 487 7700
Cell: 073 062 1222
E-mail: ENtabazalila@npa.gov.za
