Self Defence Case Study

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1 A Matter of self-defence Mr Muscles will be referred to as the Defendant, acted in a state of self-defence after Frankie the plaintiff shoved and punched the defendant. The defendant believed that his life was in danger. The defendant acted in private defence. In S v De Oliveira the appeal division distinguished between what private defence and putative private defence. Private defence is regarded an act that is lawful without stepping over the limits. Putative private defence is regarded as an unlawful act. When the reasonable man believes that his life or anything belonging to him and a court applies relevant tests, in which a court’s findings reveal that it was not the case the reasonable person can’t rely to use private defence. In …show more content…

Section 12 subsection 1(c) “states that everyone has the right to freedom and security of the person, which includes the right- to be free from all forms of violence from either public or private sources”. The defendant’s constitutional rights was breached due to the plaintiff acting in a violent matter to punch in a public area. In section 12 subsection 1(e) states that “everyone has the right to freedom and security of the person, which includes the right- not to be treated or punished in a cruel, inhuman or degrading way.” The defendant was treated in a degrading and cruel way by the plaintiff. The plaintiff applied physical harm to the defendant by punching and shoving him. Lastly the defendant claims that him human dignity has been harmed. As stated in the 1996 Constitution in section 10. Section 10 states the following “Everyone has inherent dignity and the right to have their dignity respected and protected.” 4The defendant’s dignity was infringed because of the applicant’s actions of physical harm in a public place and that the defendant’s public image and the way his teammates and their partners see he has been damaged. 2 Pain and suffering After the physical attraction broke out between the plaintiff and defendant, the defendant suffered pain and

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