Xabendlini v S (608/10)
Xabendlini v S (608/10) [2011] ZASCA 86 (27 May 2011)
The Supreme Court of Appeal held that the wider interpretation of 'pointing' a firearm under section 39(1)(i) of the Arms and Ammunition Act 75 of 1969 is correct. The offence is committed by the act of directing a firearm towards another person, regardless of whether the firearm is loaded or whether a discharged bullet would strike the person. The legislative intent is to protect individuals from the fear and danger associated with firearms. In this case, the appellant pointed a firearm at police officers during a pursuit, inducing fear that they would be shot. The evidence supports the conv…
Source excerpt
- Pointing Of Firearm
- Arms And Ammunition Act
- Statutory Interpretation
- Fear Inducement
- Criminal Liability