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Posts: 24,216February 22AussieSheila said:
Well glad it tickled your fancy Sam. Serious matter though.
But glad you brought up the no legs thing. Since he tried to use it to good effect during his bail hearing.-----------------
just take his blades off him, job done? -
Posts: 1,748February 22 Well bail would be pretty bleak in that case ........but he probably has a few spares lying around. In Italy.
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Posts: 2,980February 22
Lets take a punt in this thread at what will happen from here:
He won't leave the country... the south african legal system will continue to look like a shambles under the global public's gaze.... he get convicted and serve decent time for murder/man slaughter.....when he is released from jail, despite having a decent amount of cash in the bank he'll be seen as a balding old man advertising whatever ever the latest development is in magic false feet 15 years from now....
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Posts: 1,748February 22ToffeeCup said:
Lets take a punt in this thread at what will happen from here:
He won't leave the country... the south african legal system will continue to look like a shambles under the global public's gaze.... he get convicted and serve decent time for murder/man slaughter.....when he is released from jail, despite having a decent amount of cash in the bank he'll be seen as a balding old man advertising whatever ever the latest development is in magic false feet 15 years from now....-----------------
Never doubted for a minute that he would leave Saf Africa unless he had to. But I hope he gets a minimum of 15 years for being a gun-happy irresponsible ****'head who never gave his girlfriend or the 'burglar' a chance.
My feelings are with the family. I just hope they get justice. But I fear the worst. -
Posts: 2,980February 22
Its south africa..... she_pissed him off....he shot her.... a few times.
What their legal system will make of it remains to be seen.... but lets not kid ourselves on here.....he gave her the gun!
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Posts: 24,216February 22 http://www.iss.co.za/pubs/CrimeQ/No.8/duPlessis.htm
The action made in defence must be:
necessary to avert the attack;
reasonable in terms of the amount of force used; and
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Posts: 24,216February 22 oscar cannot have felt under any sort of threat in that, the intruder has not made any threats of violence towards him, cos if they had, he would have known it was his girlfriend.It was dark, so he can have had no idea if they had or were stealing someting.
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Posts: 19,512February 22ToffeeCup said:
Lets take a punt in this thread at what will happen from here:
He won't leave the country... the south african legal system will continue to look like a shambles under the global public's gaze.... he get convicted and serve decent time for murder/man slaughter.....when he is released from jail, despite having a decent amount of cash in the bank he'll be seen as a balding old man advertising whatever ever the latest development is in magic false feet 15 years from now....-----------------
He'll be on gilette adverts in no time... -
Posts: 24,216February 22 It is important to remember that before you can act in self-defence, the attack against you should have commenced, or at least be imminent. For example, if the thief pulls out a firearm and aims in your direction, then you would be justified in using lethal force to protect your life. However, you cannot shoot the unsuspecting thief on the premise that if you confront him, he would place your life in danger. The pre-emptive strike principle is not applicable in private defence cases.
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Posts: 24,216February 22 The principle is simple: the life of the attacker can only be taken in order to protect your or someone else’s life or to prevent serious bodily harm. It is unlawful to use lethal force in any other circumstances. In other words, your property is not worth the life of the person that is stealing it from you!
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Posts: 24,216February 22 While the case law remains unclear, the guiding principles today suggest that killing another person in order to retain property is unlikely to be deemed lawful by the courts.
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Posts: 24,216February 22 In common law, the controlling principle on the right to use force to defend one’s self or one’s property is proportionality: the defensive act may not be more harmful than necessary to ward off the attack.
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Posts: 3,212February 22sambo applecart said:
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no.......................................................................... -
Posts: 24,216February 22 Similarly, the more recent decision of Govender v the Minister of Safety and Security,13 followed the Makwanyane reasoning in respect of using deadly force. The court held that the use of lethal force in effecting an arrest may only be used if the fleeing suspect poses an immediate threat of bodily harm to members of the public. This decision was later followed in the constitutional court case of Ex Parte Minister of Safety and Security and other: In re S v Walters and Another.14 In short, these cases confirm that use of deadly force can only be justified when the suspect poses a threat to the lives and safety of others.
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Posts: 7,570February 22sambo applecart said:
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Oscar !!! how well do ya know him Sam? a bit pally that...... -
Posts: 24,216February 22HOWIE8 said:
Oscar !!! how well do ya know him Sam? a bit pally that......
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been giving him advice on how best to get away with it ;)
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