Rex v Dlamini (572 of 2020) [2022] SZHC 281 (12 December 2022)

Case summary

Criminal law-Criminal  Procedure-accused charged with three counts of murder and one count of contravening the Arms and Ammunition Act, 1964-accused pleaded not guilty to all counts and  said he acted in private defence-requirements of private 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 all deceased persons in vital areas of the human anatomy-accused used disproportionate and unreasonable force­ private defence fails-accused's version found to be false beyond reasonable doubt-accused guilty of murder with dolus eventualis

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