give me 2 similar case as that of S v Dalinyebo. the sammary, legal question and court decision

Answer 1

Case 1: S v Shadrack Ngobese

Summary: In this case, Shadrack Ngobese was charged with murder for intentionally killing his neighbor during an altercation. The victim was fatally stabbed following a heated argument over a noise disturbance. Ngobese claimed self-defense, asserting that he acted to protect himself against an imminent attack.

Legal Question: The legal question in this case was whether Ngobese's actions constituted self-defense or if he had exceeded the reasonable boundaries of self-defense, thereby committing murder.

Court Decision: After hearing all of the evidence and testimonies, the court found Ngobese guilty of murder. The court determined that despite Ngobese's claim of self-defense, the level of force used was excessive and disproportionate to the threat he faced. The court emphasized that self-defense should be proportionate, and in this case, Ngobese went beyond what was reasonably necessary to protect himself.

Case 2: S v Theunissen

Summary: In this case, Theunissen was charged with assault with intent to cause grievous bodily harm. Theunissen had become involved in a physical altercation with his neighbor during an argument over a parking space. Theunissen claimed that he acted in self-defense, arguing that the neighbor had initiated the fight and he needed to protect himself.

Legal Question: The legal question in this case was whether Theunissen's actions constituted self-defense or if he had used excessive force, thereby exceeding the boundaries of self-defense.

Court Decision: The court found Theunissen not guilty of assault with intent to cause grievous bodily harm. The court ruled that Theunissen's actions were justified as self-defense. The court concluded that Theunissen had a reasonable belief that he was in imminent danger and resorted to force that was necessary and proportionate to protect himself. The court emphasized the importance of considering the circumstances and the potential harm faced by the defendant when determining whether self-defense applies.