Criminal Law

Culpable Homicide

The unlawful negligent killing of another person. Distinct from murder, which requires intention (dolus). Culpable homicide is a common law offence in South Africa.

Legal Definition

Culpable homicide occurs when a person causes the death of another person unlawfully and through negligence (culpa) — not through intention. The accused did not mean to kill but failed to take reasonable precautions that a reasonable person would have taken. Common examples: dangerous driving causing death, medical negligence resulting in death. It is a serious criminal offence with significant prison sentences.

📖 Constitutional / Statutory Basis: Section 11 (right to life)

Practical Example

A driver runs a red light and collides with another vehicle, killing the driver. The death was unintentional but negligent. The driver is charged with culpable homicide.

Frequently Asked Questions

What sentence does culpable homicide carry in South Africa?

There is no minimum sentence for culpable homicide — courts have discretion. Sentences range from a fine or suspended sentence (minor negligence) to 10–15 years' imprisonment (gross negligence, drunk driving, etc.). The maximum is 15 years under the Criminal Procedure Act.

What is the difference between murder and culpable homicide in South Africa?

Murder requires intention (dolus) to kill or at least intention to cause serious injury. Culpable homicide requires only negligence — the accused did not intend to kill. The NPA decides which charge to pursue based on the facts and evidence.

Related Terms

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