S v Kamfer (140/84) [1984] ZASCA 145 (28 November 1984)

S v Kamfer (140/84) [1984] ZASCA 145 (28 November 1984)

The court found that the appellant's version of events was not credible. The evidence established that the deceased, a police officer, was acting lawfully in attempting to search the appellant, who was suspected of possessing dagga. The appellant resisted the search and stabbed the deceased twice, causing fatal injuries. The court accepted the eyewitnesses' accounts, which were consistent with the medical evidence, and rejected the appellant's claim of self-defence. The court held that the appellant either intended to kill the deceased or foresaw the reasonable possibility of death and was reckless as to the outcome. The trial court's acceptance of the State's evidence and rejection of...

Citation
[1984] ZASCA 145
Parties
Appellant: Frederik Kamfer; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 1984
Case Number
140/84
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
The appeal against conviction is dismissed.
Judges
CILLIé, HEFER, ARR, SMALBERGER
Legal Topics
Murder, Intent, Self Defence, Credibility of Witnesses
Criminal Law Murder Intent Self Defence Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Frederik Kamfer

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's conviction for murder was justified on the evidence.
  2. 2 Whether the appellant acted in self-defence when he stabbed the deceased.
  3. 3 Whether the trial court correctly accepted the evidence of the eyewitnesses over that of the appellant.

Ratio Decidendi

The court found that the appellant's version of events was not credible. The evidence established that the deceased, a police officer, was acting lawfully in attempting to search the appellant, who was suspected of possessing dagga. The appellant resisted the search and stabbed the deceased twice, causing fatal injuries. The court accepted the eyewitnesses' accounts, which were consistent with the medical evidence, and rejected the appellant's claim of self-defence. The court held that the appellant either intended to kill the deceased or foresaw the reasonable possibility of death and was reckless as to the outcome. The trial court's acceptance of the State's evidence and rejection of...

Court Disposition

The appeal against conviction is dismissed.

Orders

  • The appeal is dismissed.