Police couple self defense mechanism questioned. What is the legal implication?

An article on IOL news about a police couple who almost got robbed at their Kibler Park home left some of our listeners questioning the criminal law of this country.

A man who is identified only as Stuart wrote to John Maytham wanting to know the legal implications of the incident reported by IOL News.

He writes: I am not a firearm owner but I thought that it was illegal to shoot at a would-be criminal who is fleeing your property. Perhaps it is only illegal to shoot and kill? Difficult to guarantee as one never knows whether a vital organ or artery might be struck by the bullet.

Whilst I'm tempted to believe that the robbers probably got what they deserved and am relieved that couple got through unscathed, I'd just be interested to know what the legal standpoint is.

Thanks very much

CapeTalks John Maytham spoke to Prof. James Grant, Criminal lawyer:

The law basically is whether or not the defense mechanism was justified, it is within the act. They were unlawfully on a property … even when they got injured while in a retreating method it is not necessarily unlawful

James Grant, Criminal lawyer

Listen to the full conversation on The John Maytham Show:


Recommended

by NEWSROOM AI
Read More
Man who tweeted that Ferial Haffajee 'deserves a bullet' can be charged

Man who tweeted that Ferial Haffajee 'deserves a bullet' can be charged

Social media lawyer Emma Sadleir says that such online comments amount to crimen injuria and can be reported to police.

73% of Ethiopian coffee workers are women (and other Africa Connected insights)

73% of Ethiopian coffee workers are women (and other Africa Connected insights)

Pan-African broadcaster Lee Kasumba shares her first experience of Addis Ababa, Ethiopia on her #AfricaConnected journey.

Case against former top Sars officials postponed

Case against former top Sars officials postponed

The trio allegedly spied on the team handling the case against disgraced former police boss Jackie Selebi in 2007.

'Day Zero' frenzy played a role in declining CT film industry, says producer

'Day Zero' frenzy played a role in declining CT film industry, says producer

Cape Town's film industry has seen a sharp decline in international interest in the last couple of years.

City officials handing out flood kits at informal settlements

City officials handing out flood kits at informal settlements

Philippi, Nyanga, Langa, Strand, Strandfontein, Kensington, Khayelitsha and Atlantis have all been affected by the heavy rainfall.

Malmesbury mosque murderer had prayed with worshippers before fatal attack

Malmesbury mosque murderer had prayed with worshippers before fatal attack

The police and the Hawks are prioritising the mosque attack in Malmesbury that left three people dead.

Popular articles
Here's how to check your load shedding schedule in Cape Town

Here's how to check your load shedding schedule in Cape Town

Stage 1 load s​hedding has been declared nationally. The City of Cape Town has urged residents to take note of the schedules.

Man who dumped body of family dog in street demoted at top JHB law firm

Man who dumped body of family dog in street demoted at top JHB law firm

Media law guru Emma Sadleir warns employees online that there are many potential events that could bring a company into disrepute.

SPARK Schools provides Singapore-quality education for R19 400 per year

SPARK Schools provides Singapore-quality education for R19 400 per year

Our education system is poor, leading to a proliferation of private schools, most which are unaffordable even for the middleclass.

Get ready for another round of load shedding as Eskom workers shut down power

Get ready for another round of load shedding as Eskom workers shut down power

Eskom spokesperson Khulu Phasiwe says the power utility has instructed municipalities to implement stage one load shedding.

[WATCH] SPCA lays animal cruelty charges following violent attack on seal pup

[WATCH] SPCA lays animal cruelty charges following violent attack on seal pup

Video footage emerged on Facebook showing two fishermen brutally kicking and stabbing the animal.

[LISTEN] Wife of Siya Kolisi 'so proud' as husband Siya leads SA to victory

[LISTEN] Wife of Siya Kolisi 'so proud' as husband Siya leads SA to victory

The Springboks won a Test game against England on Saturday under the captaincy of Siya Kolisi.

UPDATE: Joburg man who dumped dead dog claims there were no vets nearby - SPCA

UPDATE: Joburg man who dumped dead dog claims there were no vets nearby - SPCA

The man has told the Sandton SPCA that he could not locate a nearby veterinary clinic in order to dispose of the dog's carcass.

Eusebius: 'Needing to know what happened before the Supersport video is BS'

Eusebius: 'Needing to know what happened before the Supersport video is BS'

Callers on The Eusebius McKaiser Show stand behind Ashwin Willemse who walked off the Supersport Rugby set on Saturday.