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S v Russell
In ''S v Russell'', an important case in South African criminal law, heard on July 12, 1967, the accused had been warned of the danger of operating a crane under a live electric wire, but had failed to pass on the warning to his co-employees. This omission, constituting negligence, led to the death of one of them. He was convicted of culpable homicide. == Facts == Russell, the accused, was charge before a magistrate of culpable homicide arising out of the electrocution of Aaron Masenyetsi, a black male employee at Ngagane Railway Station. It appeared from the evidence that on June 23, 1966, the accused, a white male carpenter employed in the Department of Water Affairs, was assisting one Mostert, the crane operator in charge of loading pipes onto a lorry from a crane fitted on the back thereof, also an employee of the Department. Overhead was an electric wire. Whilst Mostert and his black assistants, including the deceased, were not present, the shunter, in accordance with his duty to warn all workmen present, had informed the accused that the current was about to be switched on, and that he would be advised when it was switched off, so that they could proceed with the loading. The deceased omitted to inform Mostert thereof on his return, and the loading continued. The top of the crane touched the wire and the deceased was electrocuted and died.
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