Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
S v Barnard (209/1984) [1986] ZASCA 23 (24 March 1986)
Appeal against a culpable homicide conviction failed. The court held that section 49(2) justification was not proved on the facts.
S v Swanepoel (350/83) [1984] ZASCA 152; [1985] 1 All SA 427 (A) (29 November 1984)
The court held that the appellant, as the accused, bore the onus to prove on a balance of probabilities that his conduct fell within the protection of section 49(2) of the Criminal Procedure Act. The appellant failed to establish that there were no reasonable alternatives to using deadly force to effect the arrest or prevent escape. The evidence showed that the appellant could have used other means, such as blocking the vehicle or calling for assistance, and that the deceased did not exhibit conduct amounting to flight or resistance justifying lethal force. The court found that the appellant'…
Source excerpt
Explore more
