Asked by JOHAN on 21-02-2024 15:26:42
Question posted in the Criminal Law category relating to Western Cape
Hi I am preparing for my defence in an assualt case with the intention to do bodily harm.
I have act out of self defence and was badly hurt.
What evidence or report can i put together for my defence?
Message from the Lawyer
Posted by Att. Patrick on 21-02-2024 17:12:11
The first thing that I can suggest that you do is to read up on the requirements that need to be proved in South African law so as to be successful in a plea of self-defense. In this regard I can draw your attention to the following website which deals with a housebreaking where the owner killed the intruder, but the exact same principles would apply to a common assault.
https://www.bbplaw.attorney/intruder-unlawful-entry/
You would need to lead evidence in relation to each of the requirements as dated above and most of this evidence would probably be your testimony as to what happened together with your cross-examination of the other persons testimony.
In relation to the injuries that you sustained you would obviously need to lead evidence in relation to the police report and in relation to the medical report which I hope was completed by a medical officer shortly after the assault took place.
Answer Accepted
This answer was accepted on 22-02-2024 09:38:03
Message from the client
Police took me to the state hospital to look at my injuries but all the personal in hospital was sleeping so they took me back to the cells.
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