reference to Nourse v Van Heerden 1999 (2) SACR 198 (W) case summary

Answer 1

Nourse v Van Heerden 1999 (2) SACR 198 (W) is a South African case that dealt with the issue of self-defense and the use of excessive force. In this case, the accused, Mr. Van Heerden, was charged with murder after he shot and killed an unarmed man named Mr. Nourse during an altercation.

The defense argued that Mr. Van Heerden acted in self-defense and that he believed his life was in danger when he fired the fatal shot. However, the court found that his use of force was excessive and went beyond what was necessary to defend himself.

The court also emphasized that the right to self-defense does not give a person the right to use more force than is reasonably necessary to protect themselves, and that the use of deadly force should always be a last resort. In this case, the court found Mr. Van Heerden guilty of culpable homicide and sentenced him to four years in prison.