Rex v Peverett

• Jurisdiction: South Africa
• Judge: De Wet CJ, Watermeyer JA, Tindall JA, Centlivres JA and Feetham JA
• Judgment Date: 26 March 1940
• Citation: 1940 AD 213
• Hearing Date: 07 March 1940
• Court: Appellate Division

Watermeyer, J.A.:

The accused Peverett was convicted by a Judge and assessors, sitting in the Durban and Coast Local Division, of the crime of attempting to murder a woman named Edna Saunders and sentenced to a fine of £30 At the conclusion of the trial, at the request of the accused, a question of law was reserved in the following terms: "Whether the facts found established in law the offence with which the accused was charged, namely, attempt to commit murder"?

The facts found are stated as follows:-

"Saunders is a young married woman who met the accused in Durban early in July last At that time her husband was on a visit to East London, but returned to Durban about the end of July By then the accused and the woman Saunders had fallen in love with one another On the 12th August Saunders decided to live apart from her husband Early on that day, while her husband was at his work and unbeknown to him, she left the boarding-house at Congella where she and her husband had been living and went to 194, Berea Road with the intention of residing there The accused knew of this intention and lent his car - a small Opel sedan - to his friend Bezuidenhout to drive Saunders to her new address That evening by arrangement, Bezuidenhout, Saunders and the accused met Saunders' state of mind at that time was one of great unhappiness and depression She told Bezuidenhout that she had made up her mind to commit suicide by taking lysol, and asked Bezuidenhout not to say anything about this to the accused Bezuidenhout, however, did mention it to the accused, and both he and the accused did their best to dissuade Saunders from making away with herself The three remained in each other's company in the accused's car until about 9 o clock, when Bezuidenhout went off to work; he was on night duty After Bezuidenhout left them, Saunders and the accused still remained in the accused's car in the vicinity of the dry dock at Congella They discussed once more the question of suicide, and both eventually agreed that they would put an end to their lives together Saunders suggested the method of putting into effect their intention, namely, by introducing fumes from the exhaust pipe of the car

Watermeyer, J.A.

by means of a tube affixed to the exhaust pipe and leading into the interior of the car, which should be kept closed while they sat inside it The accused consented and agreed to this suggestion In pursuance of it the accused drove the car...