Nelson v Schutte (78540/14)
Nelson v Schutte (78540/14) [2017] ZAGPPHC 212 (25 May 2017)
The court found that both the plaintiff and defendant contributed to the escalation of events, with the defendant's initial conduct being excessive but the plaintiff's subsequent actions being irrational and aggressive, likely influenced by alcohol. At the second incident, the plaintiff attacked the defendant, who was then entitled to defend himself with the only weapon available. The defendant discharged a single shot in self-defence, and the court was satisfied that the use of force was justified under the circumstances. The plaintiff's claim for damages was dismissed as the shooting was fo…
Source excerpt
- Self Defence
- Unlawful Assault
- Contributory Intent
- Damages
- Burden Of Proof