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Class exercise Private defence

Class exercise on private defence. Semester 2 2023
Course

Criminal law (LAWS 2014)

941 Documents
Students shared 941 documents in this course
Academic year: 2023/2024
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Thato Kekana
University of the Witwatersrand, Johannesburg
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Class exercise 2 August Arnold is a mentally challenged person (insane person). Thabo, who is Arnold's neighbour, instructs Arnold to stab Buti with a screwdriver handed to Arnold by Thabo. When Arnold hesitates, Thabo threatens to kill him (Arnold) and his whole family. In response, Arnold takes the screw driver and charges for Buti who tries to flee but trips and falls down. With Arnold fast approaching, Buti remembers that he has a knife in his pocket. But reaches for the knife and at that stage Arnold is already hovering over him (Buti) clearly about to stab him (Buti). Arnold's brother, Sam, arrives at the scene as Buti is repeatedly stabbing Arnold evidently in order to stop him from stabbing him with the screwdriver. Sam, seeing that Buti is inflicting injuries on his insane brother, Arnold, takes out his gun and shoots Bufi. Buti sustains serious injuries but recovers after medical intervention. As Sam is pulling out the gun, Sheila- -Buti's girlfriend, also pulls out a gun and shoots Sam who dies on the spot. Question: What are the chances of the reliance on private defence in respect of:

  1. Buti, faces a charge of assault GBH for injuring Arnold?
  2. Sheila who faces a charge of murder in respect of Sam?
  3. Does A's insanity matter? *Arnold - compulsion/necessity: compelled due to threat on his family
  4. Does not matter, can use private defence as long as attack was unlawful (not concerned with criminal capacity)
  5. step 1 - what occured step 2 - requirements of attack and defence attack must be unlawful against a legally protected interest attack must be ongoing or imminent defence must be against attacker reasonable means/ necessary to attack - consider alternate means to avoid attack reasonable response to attack
  6. private defence against private defence - not allowed Sheila allowed to act in private defence (Sam's attack is not lawful as Buti was acting in private defence)
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Class exercise Private defence

Course: Criminal law (LAWS 2014)

941 Documents
Students shared 941 documents in this course

University: University of the Witwatersrand, Johannesburg

Was this document helpful?
Class exercise 2 August
Arnold is a mentally challenged person (insane person). Thabo, who is Arnold's neighbour,
instructs Arnold to stab Buti with a screwdriver handed to Arnold by Thabo. When Arnold
hesitates, Thabo threatens to kill him (Arnold) and his whole family. In response, Arnold takes
the screw driver and charges for Buti who tries to flee but trips and falls down. With Arnold fast
approaching, Buti remembers that he has a knife in his pocket. But reaches for the knife and at
that stage Arnold is already hovering over him (Buti) clearly about to stab him (Buti).
Arnold's brother, Sam, arrives at the scene as Buti is repeatedly stabbing Arnold evidently in
order to stop him from stabbing him with the screwdriver. Sam, seeing that Buti is inflicting
injuries on his insane brother, Arnold, takes out his gun and shoots Bufi. Buti sustains serious
injuries but recovers after medical intervention. As Sam is pulling out the gun, Sheila- -Buti's
girlfriend, also pulls out a gun and shoots Sam who dies on the spot.
Question:
What are the chances of the reliance on private defence in respect of:
1. Buti, faces a charge of assault GBH for injuring Arnold?
2. Sheila who faces a charge of murder in respect of Sam?
3. Does A's insanity matter?
*Arnold - compulsion/necessity: compelled due to threat on his family
3. Does not matter, can use private defence as long as attack was unlawful (not concerned with
criminal capacity)
1. step 1 - what occured
step 2 - requirements of attack and defence
attack must be unlawful
against a legally protected interest
attack must be ongoing or imminent
defence must be against attacker
reasonable means/ necessary to attack - consider alternate means to avoid attack
reasonable response to attack
3. private defence against private defence - not allowed
Sheila allowed to act in private defence (Sam's attack is not lawful as Buti was acting in private
defence)

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