Hi I am preparing for my defence in an a...

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.


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.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.