Ndlela v S (AR 534/2017)
Ndlela v S (AR 534/2017) [2024] ZAKZPHC 52 (3 July 2024)
The court found that the appellant's version of events was reasonably possibly true and that the requirements for private defence were met. The deceased was the aggressor, armed with a dangerous weapon, intoxicated, and had a history of violence against the appellant. The appellant acted in response to an imminent threat, with no reasonable opportunity to escape. The evidence did not support a finding of disproportionality or intent to kill beyond reasonable doubt. The trial court misdirected itself by rejecting the appellant's version and failing to properly apply the principles of private d…
Source excerpt
- Murder
- Private Defence
- Dolus Eventualis
- Burden Of Proof
- Self Defence
- Proportionality Of Defence