WebAug 1, 2024 · Putative self-defence as a defence in South African criminal law : a critical overview of the uncertain path to Pistorius and beyond In crime-ridden societies such as South Africa it often happens that people genuinely though mistakenly believe that their lives are in danger and that, should they act, they would be acting in self-defence. WebAug 23, 2012 · A distinction should be drawn between unlawfulness and putative self-defence which relates to culpability and that in the process of doing so it will become evident that ... (South African Criminal Law and Procedure, Vol t- General Principles: Burchell and Hunt Second Edition P 322.) The requirements of private defence are that: 1 ...
Grounds of Justification
http://www.saflii.org.za/za/cases/ZAKZPHC/2016/84.html WebSeveral grounds of justification have been recognised, including private defence (which includes self-defence), necessity (better known as duress), and consent. [33] Furthermore, South African criminal law punishes omissions only where the accused has failed to act in the face of a legal duty to act. brijuni nacionalni park wiki
Oscar Pistorius: The two heavyweights of SA Criminal Law weigh …
WebPutative self-defence. E REBUS – AGST 2015 - 35 - FEATURE P utative self-defence has now been propelled into the South African limelight particularly due to the Oscar Pistorius trial … WebPutative self-defence. E REBUS – AGST 2015 - 35 - FEATURE P utative self-defence has now been propelled into the South African limelight particularly due to the Oscar Pistorius trial and the defence strategy adopted by his legal team. A cautious perusal of the South African case law has set out concrete legal prin- Web1. Private Defence (self defence) Definition: A person who is the victim of an unlawful attack of his person, property or other recognised legal interest may resort to force to repel such attack. Any harm or damage inflicted upon an aggressor in the course of such private defence is not unlawful. brijuni islands