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  1. #1
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    Default Potentially lethal force over a cellphone

    This is going to cause some kak

    "Bail for man who shot ‘robber’ he says tried to steal his cellphone in Durban’s Florida Road

    Published 16h ago
    Written by Jolene Marriah-Maharaj

    Durban: A 31-year-old man who allegedly shot a man who attempted to steal his cellphone made his first appearance in the Durban Magistrate’s Court on Friday.

    The incident took place at about 8pm on Florida Road on Tuesday night.

    The National Prosecuting Authority confirmed Ismial Abdoola who faces a charge of attempted murder and malicious Injury to property was released on R3 000 bail.

    “The matter was adjourned to August 18 for further investigation,” said spokesperson Natasha Kara.

    At the time of the incident provincial police spokesperson Constable Thenjiswa Ngcobo said: “It is alleged that the injured victim, 27, was attempting to rob the arrested suspect.

    “The suspect withdrew his firearm and shot the victim on the arm and back.”

    The man was thereafter arrested by Berea SAPS.

    The suspected robber, according to emergency workers, sustained gunshot wounds to his arm.

    “It is believed that the man attempted to rob a member of the public of his cellphone at knifepoint, leading to the shooting,” said Kyle van Reenan, from Emer-G-Med Paramedics. "

    https://www.iol.co.za/news/crime-and...9-bfd5306bc9b7

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  2. #2

    Default Re: Potentially lethal force over a cellphone

    Um, "at knifepoint".

    That is not unarmed. As has been discussed on these forums a knife is lethal. Someone threatens you with a knife, you have every right to pull the trigger.

    But if the attacker was shot when his back was turned, well, I wouldn't want to try to explain that under South African law.

  3. #3
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    Default Re: Potentially lethal force over a cellphone

    Quote Originally Posted by SoldierMan View Post
    Um, "at knifepoint".

    That is not unarmed. As has been discussed on these forums a knife is lethal. Someone threatens you with a knife, you have every right to pull the trigger.

    But if the attacker was shot when his back was turned, well, I wouldn't want to try to explain that under South African law.
    He chased the guy down, after being robbed, and shot him as he was getting into the get away vehicle

    Apparantly the knife was drawn at the vehicle, he was robbed outside a restuarant, looks like a cell phone snatch off the table

    The fact that he chased the guy down, and seems to have shot him from behind is the issue here

  4. #4

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    Quote Originally Posted by GAZZAMCK View Post
    He chased the guy down, after being robbed, and shot him as he was getting into the get away vehicle

    Apparantly the knife was drawn at the vehicle, he was robbed outside a restuarant, looks like a cell phone snatch off the table

    The fact that he chased the guy down, and seems to have shot him from behind is the issue here
    Ah right, lazy me I just read what was posted here.
    Yeah shooting him in the back, you will want Gerrie Nel as your attorney.

  5. #5
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    Default Re: Potentially lethal force over a cellphone

    Sounds like S v Mogohlwane all over again.
    Sent electronically, thus not signed.

  6. #6
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    Default Re: Potentially lethal force over a cellphone

    I really wish people would loose this mindset of, carrying means you must accept being a victim of every single crime besides being murdered.
    If the guy went home, fetched a gun and then chased down the robber, his actions would still be lawful.

    As for the back and arm shot, I could easily see how someone could swing a knife and then backtrack the second they saw the gun, resulting in the arm and back shot, that could even be caused by one shot with the decision being made to fire while the attacker was trying to stab him.

    I would expect everyone here to come out in defence of a presumably legal firearm owner being arrested after being a victim of a contact crime.

  7. #7

    Default Re: Potentially lethal force over a cellphone

    Quote Originally Posted by Gleock View Post
    I really wish people would loose this mindset of, carrying means you must accept being a victim of every single crime besides being murdered.
    If the guy went home, fetched a gun and then chased down the robber, his actions would still be lawful.

    As for the back and arm shot, I could easily see how someone could swing a knife and then backtrack the second they saw the gun, resulting in the arm and back shot, that could even be caused by one shot with the decision being made to fire while the attacker was trying to stab him.

    I would expect everyone here to come out in defence of a presumably legal firearm owner being arrested after being a victim of a contact crime.
    It just sounds bad, being shot it the back.

    But we really don't know how things played out, so it is impossible to say for certain either way.

  8. #8
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    Default Re: Potentially lethal force over a cellphone

    Quote Originally Posted by SoldierMan View Post
    It just sounds bad, being shot it the back.

    But we really don't know how things played out, so it is impossible to say for certain either way.

    Agree, but I will still back the armed citizen who did not choose to be held at knife point and deprived of his property, the deceased made his own bed.

  9. #9

    Default Re: Potentially lethal force over a cellphone

    Quote Originally Posted by Gleock View Post
    Agree, but I will still back the armed citizen who did not choose to be held at knife point and deprived of his property, the deceased made his own bed.
    Absolutely.

  10. #10
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    Default Re: Potentially lethal force over a cellphone

    It's a shit situation to be in. It's sad that criminals have learnt our laws so well and know how to manipulate it.

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