Asked by the Customer on 31-03-2015 11:13:43
Question posted in the Criminal Law category relating to Gauteng
Question posted in the Criminal Law category relating to Gauteng
Hi there,
I would like to find out. I was summones to court about a year ago with regards to an accident, that happened about two years ago, involving me and a pedestrian. I only had my learners at the time. They are charging me with culpable homicide (motor vehicle).
I have been going ot court for the past year and have tried various plea bargains, as per my lawyers instructions. The last one fell through once again because the family was demanding R40000 for funeral expenses... So, we are going on trial as of the 8th of April... Just after the accident I obviously went to go give my statement, as the police who arrived on scene said that it was out of their area... An accident report was never properly taken. Also when I gave my statement, I was never told that it could be held against me, or even signed it or was even read it back...
Then the last time I was in court, which was in this month, I saw the autopsy report for the first time, I saw that the cause of death is "Terminal Broncopneumonia caused or due to blunt force injuries", also I relialised that the only possible injuries caused by the accident was a scrape on the eyebrow with three stitches, a scrape on the thigh with three stitches and then a cut on his head, there were no fractures or any other damage that could have caused death, also most of his breathing things were congested... I also found out that they put in two other possible charges, one of negligent/reckless driving and the other of irresponsible driving...
Now I want to know, why did the family have so much say over my sentencing even before I was found guilty, second how is it possible that they can add two other charges and how can I be charged with culpable homicide, if the accident injuries were clearly minor injuries?
I want to know if this trial even needs to go on, if the evidence is clearly so little, they also have no eyewitnesses. And if it does continue, what would the procedures be and what could my possible sentencing be? Note that this is my first offence
I would like to find out. I was summones to court about a year ago with regards to an accident, that happened about two years ago, involving me and a pedestrian. I only had my learners at the time. They are charging me with culpable homicide (motor vehicle).
I have been going ot court for the past year and have tried various plea bargains, as per my lawyers instructions. The last one fell through once again because the family was demanding R40000 for funeral expenses... So, we are going on trial as of the 8th of April... Just after the accident I obviously went to go give my statement, as the police who arrived on scene said that it was out of their area... An accident report was never properly taken. Also when I gave my statement, I was never told that it could be held against me, or even signed it or was even read it back...
Then the last time I was in court, which was in this month, I saw the autopsy report for the first time, I saw that the cause of death is "Terminal Broncopneumonia caused or due to blunt force injuries", also I relialised that the only possible injuries caused by the accident was a scrape on the eyebrow with three stitches, a scrape on the thigh with three stitches and then a cut on his head, there were no fractures or any other damage that could have caused death, also most of his breathing things were congested... I also found out that they put in two other possible charges, one of negligent/reckless driving and the other of irresponsible driving...
Now I want to know, why did the family have so much say over my sentencing even before I was found guilty, second how is it possible that they can add two other charges and how can I be charged with culpable homicide, if the accident injuries were clearly minor injuries?
I want to know if this trial even needs to go on, if the evidence is clearly so little, they also have no eyewitnesses. And if it does continue, what would the procedures be and what could my possible sentencing be? Note that this is my first offence
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