1 of 35
Definition
Defence of necessity since an animal cannot act unawfully
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Attack by animal RvK
S v Mxhosa S v Mogohlwane
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2 of 35
Definition
Must be essential to effect arrest
Proportional
,Y must pose a threat of serious violence or X must have a suspicion
that Y committed a crime involving serious bodily harm previously
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Requirements for unauthorised
Requirements of necessity defence
administration
Requirements for impossibility
Requirements for use of force
defence
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3 of 35
Definition
Appellant's wife had been robbed. Went searching for the robbers
with a shotgun. Shot at some of the deceased even when they did
not pose an imminent threat.
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R v McCoy S v Banda
S v Jansen S v Joshua
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, 4 of 35
Definition
Airplane steward assaulted by manager or pay fine. Consented to
assault but was not true consent - one of submission
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S v Joshua S v Banda
S v Motleleni R v McCoy
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5 of 35
Definition
no duty to execute a manifestly unlawful order an obedience to such
order is no defence
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S v Sikunyana S v Joshua
S v Jansen S v Banda
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Definition
Defence of necessity since an animal cannot act unawfully
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Attack by animal RvK
S v Mxhosa S v Mogohlwane
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2 of 35
Definition
Must be essential to effect arrest
Proportional
,Y must pose a threat of serious violence or X must have a suspicion
that Y committed a crime involving serious bodily harm previously
Give this one a try later!
Requirements for unauthorised
Requirements of necessity defence
administration
Requirements for impossibility
Requirements for use of force
defence
Don't know?
3 of 35
Definition
Appellant's wife had been robbed. Went searching for the robbers
with a shotgun. Shot at some of the deceased even when they did
not pose an imminent threat.
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R v McCoy S v Banda
S v Jansen S v Joshua
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, 4 of 35
Definition
Airplane steward assaulted by manager or pay fine. Consented to
assault but was not true consent - one of submission
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S v Joshua S v Banda
S v Motleleni R v McCoy
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5 of 35
Definition
no duty to execute a manifestly unlawful order an obedience to such
order is no defence
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S v Sikunyana S v Joshua
S v Jansen S v Banda
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