- Case summary
- Criminal law-Criminal Procedure-accused charged with murder-plea-not guilty-accused shot and killed deceased-accused used firearm to thwart attack by deceased who carried a saw at the time. Accused pleads private defence-requirements of self defence-unlawful attack which has commenced or is imminent-defensive act should be necessary to protect interest threatened-defensive act directed against attacker-attack should be reasonably proportionate to the attack. Accused shot deceased on chest-deceased died from injury-accused used disproportionate and unreasonable force-self defence fails-accused’s version found to be false beyond reasonable doubt-accused guilty of murder with dolus eventualis.
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