reference to Nourse v Van Heerden 1999 (2) SACR 198 (W) case summary facts of the case

Answer 1

Nourse v Van Heerden 1999 (2) SACR 198 (W) is a case heard in the Western Cape High Court in South Africa. The case involves an appeal against a conviction and sentence for a charge of culpable homicide.

The appellant, Nourse, and the respondent, Van Heerden, were both employees of a company that serviced electrical equipment on a farm. One day while they were working on the farm, Van Heerden accidentally shot and killed their supervisor with a hunting rifle. Van Heerden claimed that he thought the rifle was unloaded and was testing the trigger when it discharged.

Nourse was charged with culpable homicide for failing to take reasonable steps to prevent the shooting. The trial court found Nourse guilty and sentenced him to a fine of R10,000 or nine months in prison.

Nourse appealed his conviction and sentence, arguing that the trial judge had not properly considered the evidence and that the sentence was too severe. The appeals court overturned Nourse's conviction, finding that the trial judge had made several errors in his assessment of the evidence. However, the appeals court upheld Nourse's sentence, finding that it was within the range of sentences available to the trial judge.