Welcome, Guest
Username: Password: Remember me

TOPIC: Is it murder?

Is it murder? 16 Aug 2010 11:25 #1521

  • PC2E
  • Offline
  • Stunt Rider
  • Posts: 768
  • Thank you received: 8
Probably a very controversial subject


My basic understanding from what I have heard is that unless you are attacked and in serious life threatening danger it is illegal to fire a weapon at an assailant.

Upon reading the news article Victim charged with killing hijacker made me wonder whether I read the article correctly. I must apologise in advance as I am not quite familiar with the laws of government or how it’s really applied by the police.

What I can say from what I understand is the following: “hijacking victim shot and killed one of his three attackers, using their own gun”; “Police opened a case of murder against the victim”; “It is the responsibility of the state to open a murder case. We don't know if he shot lawfully or not, it is for the court to decide”.

Can the knowledgeable readers our there suggest any advice on what a person should do in situations like this? I just wanted to make sure in the event that something similar was to happen to me or my friends and family be it rape, house breaking, hijacking, that I would understand the correct procedures to follow.

Last thing that I would want is to be charged with murder for intentionally killing someone out of blind rage, I think I have enough things on my conscience already. Any suggestions?

Maybe sometimes that saying is true – “Fact is stranger than fiction”.
GMT Motorcycles
The administrator has disabled public write access.

Re: Is it murder? 16 Aug 2010 11:42 #1522

  • Amos
  • Offline
  • Pillion-friendly
  • Posts: 296
  • Thank you received: 26
When I did my fire arm licence compentency training, cases like this was explained as follow. Here in RSA you are guilty until proven innocent, and not as in the US, which is the other way around. So if you are a victim and kill your attacker, you will be charged with murder until proven innocent. I also think this sucks, and can't see the reason behind it. I wonder when this law was implemented, and if it wasn't part of pre-96 government.
Kom ons brom...
The administrator has disabled public write access.

Re: Is it murder? 16 Aug 2010 15:11 #1527

  • Johan
  • Offline
  • Catch me if you can!
  • Posts: 1284
  • Thank you received: 233
My 2C:

The key word in the introduction is assailant: If one is in a life threatening situation one may protect oneself with a force not gravely more aggressive than that used by the assailant.

The police has to open a case in order to conduct an investigation. There must be a docket. The easiest is to go for the highest contravention, being murder. This does not mean you are already guilty. I think Amos is joking above.

If you acted in true self defense it will be easy for the court to come to a fair judgement. If your case is really open and cut, the case may be dropped during the investigation.

Don't fear, I still have trust in our courts.

... Africa is not for sissies!! :evil: :evil:
I live to please, but don't always succeed
Last Edit: 16 Aug 2010 15:13 by Johan.
The administrator has disabled public write access.