S v Matheus (1) (SA 11 of 2001) [2002] NASC 7 (2 April 2002)

S v Matheus (1) (SA 11 of 2001) [2002] NASC 7 (2 April 2002)

The accused did not act in justifiable self-defence; he exceeded the bounds of self-defence and was negligent in believing he was entitled to act as he did. The State proved the accused was guilty of culpable homicide, not murder, as there was no direct intent or dolus eventualis.

Citation
[2002] NASC 7
Parties
Appellant: The State; Respondent: Gabriel Matheus
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
2 April 2002
Case Number
SA 11 of 2001
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; conviction substituted.
Legal Topics
Self Defence, Murder, Culpable Homicide, Private Defence
Source Language
English
Criminal Law Self Defence Murder Culpable Homicide Private Defence

Case Brief

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Parties

The State

Appellant

Gabriel Matheus

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the accused acted in self-defence when he killed the deceased
  2. 2 Whether the accused had the requisite mens rea for murder or culpable homicide
  3. 3 Whether the trial court misdirected itself in accepting the accused's version

Ratio Decidendi

The accused did not act in justifiable self-defence; he exceeded the bounds of self-defence and was negligent in believing he was entitled to act as he did. The State proved the accused was guilty of culpable homicide, not murder, as there was no direct intent or dolus eventualis.

Court Disposition

Appeal allowed; conviction substituted.

Orders

  • Accused found guilty of culpable homicide.
  • Matter referred back to High Court for sentencing before a different judge.