Crossberg v The State

The appellant, a farmer and game lodge owner, fired shots on his farm in Limpopo on 21 June 2004. One shot struck and killed a farm worker, Jealous Dube, and shots were also fired in the direction of other workers. The appellant consistently admitted firing two shots but denied aiming at any person, stating he fired blindly into the bush to scare baboons and was unaware of the workers’ presence. He was convicted in the High Court of murder and four counts of attempted murder and sentenced to an effective 20 years’ imprisonment. During the trial it emerged that at least 13 witness statements made to the police were missing from the docket, raising concerns about full disclosure and the fairness of the trial.

The appeal against the murder conviction succeeded to the extent that the conviction was set aside and substituted with a conviction of culpable homicide. The convictions on the counts of attempted murder were set aside. The matter of sentence was reconsidered by the SCA in light of the substituted conviction.

The case is significant for its strong affirmation of the police and prosecution’s duty of full disclosure and proper preservation of docket material as an element of the constitutional right to a fair trial. It also illustrates the careful distinction in South African criminal law between murder and culpable homicide, particularly where intention is not proved beyond reasonable doubt despite fatal consequences.