JudgeJudi
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OK, Im confused. I thought self-defense claim could only be used to defend persons, not property in SA?
Were the thieves armed? Did they attack the cop?
A policeman, Jerome King was charged with murder, subsequently convicted of murder on the basis of dolus eventualis and sentenced to 10 years.
The post office had been broken into over the weekend and there was a broken window. For this reason a security guard was posted inside. He saw four persons outside and reported the incident to the Metro Police who arrived shortly afterwards. One suspect who was guarding the door was immediately apprehended. Two more suspects were inside. King verbally warned the deceased to come out, but he failed to respond. He was bobbing or moving up and down behind the counter. He then proceeded to fire a warning shot into the roof of the Post Office. The deceased still refused to comply. After firing the warning shot he observed another suspect running towards the back of the Post Office, in the direction of the deceased. He kept the deceased under observation and saw that he was still moving behind the counter. He reacted by firing two further shots, one of which killed the offender. The shots were fired in an upward direction, the same as the first warning shot.
Despite reading the entire judgment, his defence was never mentioned. Read p.13 para 30 to p.15 para 34 to see why the conviction and sentence were set aside.
http://saflii.austlii.edu.au/za/cases/ZAWCHC/2014/129.pdf