September v S (A442/2007) [2008] ZAWCHC 288 (7 November 2008)

September v S (A442/2007) [2008] ZAWCHC 288 (7 November 2008)

The court found that the appellant was not the original aggressor and was being throttled by the deceased during a fight. Although the appellant acted in self-defence, he exceeded the bounds of private defence by stabbing the deceased twice. The evidence indicated that the appellant ought reasonably to have foreseen that his actions could result in death, thus meeting the requirements for culpable homicide rather than murder. The conviction for murder was therefore set aside and replaced with culpable homicide, and the sentence was reduced accordingly.

Citation
[2008] ZAWCHC 288
Parties
Appellant: Edward September; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
7 November 2008
Case Number
A442/2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Conviction for murder on count 1 set aside and replaced with culpable homicide; sentence reduced to five years imprisonment, with part served concurrently with sentence on count 2.
Judges
Erasmus, Dicker
Legal Topics
Private Defence, Culpable Homicide, Murder, Excessive Force, Self Defence
Criminal Law Private Defence Culpable Homicide Murder Excessive Force Self Defence

Case Brief

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Parties

Edward September

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant acted in self-defence when stabbing the deceased.
  2. 2 Whether the appellant exceeded the bounds of private defence.
  3. 3 Whether the conviction for murder should be substituted with culpable homicide.

Ratio Decidendi

The court found that the appellant was not the original aggressor and was being throttled by the deceased during a fight. Although the appellant acted in self-defence, he exceeded the bounds of private defence by stabbing the deceased twice. The evidence indicated that the appellant ought reasonably to have foreseen that his actions could result in death, thus meeting the requirements for culpable homicide rather than murder. The conviction for murder was therefore set aside and replaced with culpable homicide, and the sentence was reduced accordingly.

Court Disposition

Conviction for murder on count 1 set aside and replaced with culpable homicide; sentence reduced to five years imprisonment, with part served concurrently with sentence on count 2.

Orders

  • On count 1, the conviction of murder is set aside and replaced by a conviction of culpable homicide.
  • The sentence of ten years imprisonment imposed in respect of count 1 is set aside and replaced by a sentence of five years imprisonment.