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S v Fernandez
In ''S v Fernandez'',〔1966 (2) SA 259 (A).〕 an important case in South African criminal law, heard on February 17, 1966, the court held that the appellant had been negligent in mending a cage from which a baboon had subsequently escaped, which subsequently bit a child, who subsequently died. The appellant must have foreseen the likelihood of an attack in the event of the baboon's escaping; he was, the court held, therefore rightly convicted of culpable homicide. The case was an appeal from a decision in the Transvaal Provincial Division by Galgut J and Clayden J, who had dismissed an appeal from a conviction in a magistrate's court.
== Facts ==
The appellant had been charged with and convicted of culpable homicide. It appeared that he was a partner in a partnership which owned and conducted a small shop, adjacent to which was a baboon, kept in a cage-like structure. Arriving at the shop one morning, he found the animal outside the cage. On inspection of the cage, he found that one of the lower horizontal planks at the back of the cage had apparently broken, thereby creating an opening through which the animal had easily made its exit.
After arming himself with a revolver, he persuaded the animal to re-enter the cage and then decided to repair the cage. He removed the whole of the broken plank. He placed one end of a new plank on the inner side of the right terminal uprights, leaving the other end of the plank wholly unsupported. He was busy nailing the supported end when the animal got out again in the same place. The animal snatched a baby, one Elpitha Piccoco, from a perambulator, bit it and then, apparently intimidated by revolver shots fired by the appellant, threw the child to the ground and retreated into its cage.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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