- Flynote
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Criminal law and procedure – murder – intent to kill – dolus
directus – whether present – onus to prove the protection of s 49(2) of the Criminal Procedure Act 51 of 1977 (the CPA) – whether appellants’ objectively and/or subjectively believed their actions to be justified by s 49(of the CPA – Sentence – whether appellants ought to have known that the deceased was a police officer, for sentencing to be brought within the purview of s 51(1) of the Criminal Law Amendment Act 105 of 1997 – whether 15 years’ imprisonment appropriate.
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Cited documents 18
Judgment 15
Legislation 3
1. | Criminal Procedure Act, 1977 | 3916 citations |
2. | Superior Courts Act, 2013 | 1696 citations |
3. | Judicial Matters Second Amendment Act, 1998 | 14 citations |