S v Van Zyl (CA&R 17/07)
S v Van Zyl (CA&R 17/07) [2007] ZANCHC 43 (22 June 2007)
The court found that the appellant, a 52-year-old adult, unlawfully and intentionally grabbed and shook a 10-year-old child after a minor accident involving a bicycle. Although the appellant's actions were reactive, they were not justified and exceeded what was reasonable under the circumstances. The court rejected the application of the de minimis non curat lex rule, emphasizing the special protection afforded to children under South African law and the Constitution. The appellant's conduct was not trivial and warranted a conviction for assault. The appeal was accordingly dismissed.
Source excerpt
- Assault
- De Minimis Rule
- Child Protection
- Intent
- Unlawful Conduct