Fanti v S (228/2013)
Fanti v S (228/2013) [2014] ZAECGHC 102 (28 October 2014)
The court held that the appellant's use of a potentially lethal weapon was excessive in relation to the attack by the now unarmed deceased. Although the appellant was attacked and threatened, once she had taken the knife from the deceased, her life was no longer in imminent danger. The appellant could have used less dangerous means to defend herself, such as extricating herself from the deceased's grip or removing the deceased's hand from her hair. The force used was not the only or least dangerous means available, and the appellant ought reasonably to have foreseen the possibility of death r…
Source excerpt
- Culpable Homicide
- Self Defence
- Excessive Force
- Reasonable Possibility
- Unlawful Attack