RedViking
Nord of the South
Not a warranty, but a worranty because you should be worried
And you can guarantee that?
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Not a warranty, but a worranty because you should be worried
You are mixing issues , if there is an attack during theft then its self defense isnt it and by virtue of that fact you may be allowed to defend yourself. I said you would have a hard time explaining shooting a guy for theft.So are you telling me someone grabbing your laptop from your person (this attacker most probably wielding a knife or pipe or whatever, this is Africa) is not classified as an IMMINENT or ONGOING attack.
Like i said, it depends on the facts of the case. Go read some cases on this, you will find many cases where property was defended with severe force.
I am not here to tutor you on the law. But you are spreading false information.
You are mixing issues , if there is an attack during theft then its self defense isnt it and by virtue of that fact you may be allowed to defend yourself. I said you would have a hard time explaining shooting a guy for theft.
If it is merely theft you will be in jail if you shoot a guy and if not jail you will be stripped of licences etc , the right to life is more important to the right to property in the law .
Seems you failed the reasonable man test.
Yeah your bad exam practices are not worth posting here , you will be hard pressed to justify shooting or killing someone who is not threat and is merely stealing .Dude. It falls under the same sphere of law, firstly Criminal law, then it still falls under the same area of Criminal Law which is Private Defense. I have written 40 mark , 2 hour long, long questions on this specific topic, where my hand cramped so bad I had to write with my left hand and lose marks due to my handwriting being illegible. And I repeat myself, I am not here to tutor you.
Property, Person or loved one (even an acquaintance) can be protected with deadly force, in certain circumstances. You stated you can never use force to defend property, you are wrong and I just merely pointed it out.
Go read this case, smartass: Ex Parte Minister van Justisie: In re S v Van Wyk in 1967. I assume you have heard the term" legal precedent"?Yeah your bad exam practices are not worth posting here , you will be hard pressed to justify shooting or killing someone who is not threat and is merely stealing .
Theres your 40 marks right there.
Hooooo, you'll get into trouble if you shoot somebody stealing something from you/somebody else, and he is not physically also threatening you. That is jail bait time.So are you telling me someone grabbing your laptop from your person (this attacker most probably wielding a knife or pipe or whatever, this is Africa) is not classified as an UNLAWFUL IMMINENT or ONGOING attack.
Like i said, it depends on the facts of the case. Go read some cases on this, you will find many cases where property was defended with severe force.
I am not here to tutor you on the law. But you are spreading false information.
While the law remains unclear, the constitutional right to life is likely to be given precedence over the right to protect property.
You are aware that the government has changed and the FCA updated right ?Go read this case, smartass: Ex Parte Minister van Justisie: In re S v Van Wyk in 1967. I assume you have heard the term" legal precedent"?
You can apologize to me later.
Hooooo, you'll get into trouble if you shoot somebody stealing something from you/somebody else, and he is not physically also threatening you. That is jail bait time.
Seems like a reasonable summary.
When can you shoot to defend yourself? - Bregman Moodley Attorneys
Can you use lethal force to protect your property, and if so, when? South Africans are confused about how much force they can use in defending themselves from crime, and mistakes in this area could have disastrous consequences. When can you shoot to defend yourself? By Anton du Plessis This...www.bregmans.co.za
You are aware that the government has changed and the FCA updated right ?
Go do this and i guarantee you will be in jail regardless of if its fatal or not.
No apologies necessary from my side yet .
Once again you would be on very shaky ground trying to justify using lethal force against mere theft. (theft with no assualt)
I read it , you try that nowdays and not only will you go to jail but you will probably be famous too.You clearly have no idea how legal precedent works. If you are truly interested in technical law on this topic I really urge you to go read the case I cited. Unless you are just a troll. Cheers.
While the law remains unclear, the constitutional right to life is likely to be given precedence over the right to protect property.
You clearly have no idea how legal precedent works. If you are truly interested in technical law on this topic I really urge you to go read the case I cited. Unless you are just a troll. Cheers.
Incidentally it is also mentioned in the article I suggested:.You clearly have no idea how legal precedent works. If you are truly interested in technical law on this topic I really urge you to go read the case I cited. Unless you are just a troll. Cheers.
However, this judgment was handed down almost 40 years ago – long before South Africa’s shift to a human rights democracy. If faced with similar facts today, the courts would undoubtedly arrive at a different decision.
...
In the landmark case of State vs Makwanyane – which effectively abolished the death penalty in South Africa – the court referred to section 49 of the Criminal Procedure Act and warned that if the state was no longer permitted to take a life in punishment of a convicted criminal, then how could the law allow anyone to take the life of a person they are trying to arrest.
I particularity attached to my garden hose. We come a long, long way ...^ Aaah okay just depends what they take. If the property falls under 'aggh that phone meant the world to her, it was her life' then under right to life you can blow that mutherfscker away.