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South Africa decisions
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Mthiyana v S (AR216/22) [2024] ZAKZPHC 98 (22 March 2024)
The High Court overturned a murder conviction, finding the appellant acted under a mistaken but genuine belief in self-defence and was guilty only of culpable homicide.
S v Mchunu (SS65/2023) [2023] ZAGPJHC 1411 (28 November 2023)
The court found that Mr Mchunu acted out of genuine fear, seeking police assistance after being chased by a group. The police did not treat him as a suspect but attempted to forcibly remove him from their vehicle, using pepper spray and pointing firearms. During the ensuing scuffle, Mr Mchunu used a knife found in the police van to defend himself, resulting in the fatal stabbing of Warrant Officer Marutla. The court accepted Mr Mchunu's version as reasonably possibly true, corroborated by witness testimony and physical evidence. The State failed to prove beyond reasonable doubt that Mr Mchunu…
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Mokaba v S - Appeal (A15/2023) [2023] ZALMPPHC 102 (31 October 2023)
The appeal succeeded because the trial court failed to properly assess the appellant's belief at the time of the stabbing and whether his response was proportionate to the attack. The evidence showed that the appellant was bitten persistently and stabbed the deceased once to ward off the attack, without aiming at a vital organ or intending to kill. There was no evidence of negligence or intent to kill. The court found that the appellant's actions were consistent with putative private defence, and the conviction for murder was not justified. The conviction was set aside and substituted with a…
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S v Ntsibande (SS54-2021) [2023] ZAGPJHC 1503 (15 September 2023)
The High Court acquitted the accused of assault with intent to do grievous bodily harm, but convicted him of murder on the basis of dolus eventualis.
S v Ntsibande (SS 54/2021) [2023] ZAGPJHC 1055 (15 September 2023)
The High Court acquitted the accused of assault and firearm pointing, but convicted him of murder, finding he fired fatal shots with dolus eventualis.
Tuta v The State (CCT 308/20) [2022] ZACC 19; 2023 (2) BCLR 179 (CC); 2024 (1) SACR 242 (CC) (31 May 2022)
The Constitutional Court held that the trial court misdirected itself on putative private defence, set aside Tuta’s murder and attempted murder convictions, and ordered his release.
Buthelezi v S (A197/2020) [2022] ZAGPPHC 157 (2 March 2022)
The High Court upheld an appeal against murder and attempted murder convictions, substituting culpable homicide and assault with intent to do grievous bodily harm. Sentence was confirmed.
Ngobeni v S (1041/2017) [2018] ZASCA 127 (27 September 2018)
The Supreme Court of Appeal held that the appellant was correctly convicted of murder with dolus eventualis, as the evidence demonstrated he acted intentionally and not in private or putative private defence. The deceased and his companions posed no threat, and the appellant disregarded police procedures and training. The appellant's version was contradicted by credible witnesses and physical evidence. The court found that the trial court's intervention during the application for leave to appeal resulted in an unfair process, as counsel was persuaded to appeal against sentence without proper…
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Booi v S (A21/2016) [2016] ZAGPPHC 747 (25 August 2016)
The court found that the appellant genuinely believed he was under threat and acted to protect himself, but objectively, the threat posed by the deceased was not as severe as perceived. The deceased was armed only with a slingshot and was not known to be violent. The appellant's response—shooting the deceased in the head—was disproportionate and unreasonable. However, the appellant's mistaken belief in imminent danger excluded intention (dolus), making culpable homicide the appropriate verdict. The court considered the appellant's age, lack of violent history, remorse, and circumstances in de…
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Papu and Others v S (1111/2014) [2014] ZAECBHC 12; 2015 (2) SACR 313 (ECB) (5 November 2014)
Appeal against murder convictions dismissed. The court rejected private and putative private defence, upheld common purpose liability, and confirmed sentence.
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