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  1. #1
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    Default What happens if you shoot an intruder with a firearm?

    An article I recently read and found very useful - https://firearmsguardian.co.za/2024/...ith-a-firearm/

    I don't know what the difference is between an inquest docket and the other type of "case" - anyone shed light on that and why an inquest is simpler, easier?

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    Default Re: What happens if you shoot an intruder with a firearm?

    Quote Originally Posted by DaavG View Post
    An article I recently read and found very useful - https://firearmsguardian.co.za/2024/...ith-a-firearm/

    I don't know what the difference is between an inquest docket and the other type of "case" - anyone shed light on that and why an inquest is simpler, easier?
    I'm out of my lane here but I think it's to do with the burden of proof vs that in a trial.

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    Default Re: What happens if you shoot an intruder with a firearm?

    Loosely, the purpose of an inquest is the investigation into a death of a person to determine whether or not a crime was committed which led to that person's death.

    The author of the article is correct though, they usually open murder dockets, but that is typically driven, I think, more by ignorance than anything else.
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    Default Re: What happens if you shoot an intruder with a firearm?

    Quote Originally Posted by SSP View Post
    Loosely, the purpose of an inquest is the investigation into a death of a person to determine whether or not a crime was committed which led to that person's death.

    The author of the article is correct though, they usually open murder dockets, but that is typically driven, I think, more by ignorance than anything else.
    So must we ask / enforce that an inquest be opened rather than a murder docket by the SAP officer if such event ever arises? Does it literally say inquest docket rather murder docket?

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    Default Re: What happens if you shoot an intruder with a firearm?

    Quote Originally Posted by DaavG View Post
    So must we ask / enforce that an inquest be opened rather than a murder docket by the SAP officer if such event ever arises? Does it literally say inquest docket rather murder docket?
    I don't know what the "it" you are referring to is.

    You can ask them to open an inquest docket but you cannot enforce anything. They will open the docket that they want to.

    If you do not make a statement at the scene, and it is recommended that you do not, they will likely open a murder docket though. This is because they do not have a version of events to support an inquest.

    That murder docket can be converted, as I recall, to an inquest docket once you do make a statement.

    Just because a murder docket is opened, does not mean that anyone will be arrested.
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    Default Re: What happens if you shoot an intruder with a firearm?

    Sincere question, what if you are seriously injured, i.e been shot by one of the suspects etc.
    What about leaving the scene, to go to hospital?
    What about your FA and the scene being out of your control now.

    Or different scenario, attempted highjacking, surely after defending yourself, you cannot remain at that exact spot, again i.e leaving the scene.

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    Default Re: What happens if you shoot an intruder with a firearm?

    Quote Originally Posted by SSP View Post
    I don't know what the "it" you are referring to is.

    You can ask them to open an inquest docket but you cannot enforce anything. They will open the docket that they want to.

    If you do not make a statement at the scene, and it is recommended that you do not, they will likely open a murder docket though. This is because they do not have a version of events to support an inquest.

    That murder docket can be converted, as I recall, to an inquest docket once you do make a statement.

    Just because a murder docket is opened, does not mean that anyone will be arrested.
    "It" being the actual physical docket. Thank you for clarifying that, good to have a sense of what happens.

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    Default Re: What happens if you shoot an intruder with a firearm?

    Quote Originally Posted by DaavG View Post
    "It" being the actual physical docket. Thank you for clarifying that, good to have a sense of what happens.
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    Default Re: What happens if you shoot an intruder with a firearm?

    Quote Originally Posted by Branden88 View Post
    Sincere question, what if you are seriously injured, i.e been shot by one of the suspects etc.
    What about leaving the scene, to go to hospital?
    What about your FA and the scene being out of your control now.

    Or different scenario, attempted highjacking, surely after defending yourself, you cannot remain at that exact spot, again i.e leaving the scene.
    Good questions.
    I would like to believe that in the first instance, your condition would be considered and allowances made.
    Having said that though, back in '97 i was in a bad prang. The doc who patched me up also did a pretty bad job, and as a result I needed a number of follow-up ops. At some point the cops phoned and asked where and when they could come get their statement. I was in hospital for an op. When the doc opened me up, he found a bad infection, decided he was not experienced enough and shipped me off to a specialist at another hospital. So when the cops pitched I was gone.
    When the case went to trial, I was accused of being un-cooperative and ducking them.

    As for the hijack, I think you had better try to keep the scene as it was and stay there.

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    Default Re: What happens if you shoot an intruder with a firearm?

    Quote Originally Posted by Heath Robinson View Post
    Good questions.
    I would like to believe that in the first instance, your condition would be considered and allowances made.
    Having said that though, back in '97 i was in a bad prang. The doc who patched me up also did a pretty bad job, and as a result I needed a number of follow-up ops. At some point the cops phoned and asked where and when they could come get their statement. I was in hospital for an op. When the doc opened me up, he found a bad infection, decided he was not experienced enough and shipped me off to a specialist at another hospital. So when the cops pitched I was gone.
    When the case went to trial, I was accused of being un-cooperative and ducking them.

    As for the hijack, I think you had better try to keep the scene as it was and stay there.
    Yup difficult questions to get correct and legal answers for, yes common sense comes into play, but the SAPS lacks common sense and logic. As for the attempted highjacking scenario, or a scenario outside your premises in public, I believe it would be wise to leave the area because of retaliation by the accomplices or "community" and maybe drive a few km's away or to the nearest police station and then report it via phone call or in person.

    If I may ask, why did your case end up going to trial?

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