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24-04-2014, 11:58 #11
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24-04-2014, 11:58 #12
Re: Self defence and the use of lethal force in effecting an arrest
Thank you Martin
"Guns are just tools, the way they're used reflects the society they're apart of, if you don't like guns, blame it on society" ~Chris Kyle
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24-04-2014, 12:10 #13
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Re: Self defence and the use of lethal force in effecting an arrest
Thank you sir.
Link to this thread has been shared.
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24-04-2014, 13:01 #14
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24-04-2014, 18:36 #15
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- Jun 2013
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Re: Self defence and the use of lethal force in effecting an arrest
Hi Martin,
Thank you for an informative post.
I just want to clarify private arrest and self-defense as I am part of the local neighborhood watch who sometimes responds to emergencies of other members.
What would be a proportionate self-defense against a person with a stabbing or hitting instrument where I for instance have a firearm but am not skilled in unarmed combat?
Especially with the new law against dangerous weapons which most probably outlaw tasers etc.
Regards,
Craig.
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article&ArticleID=3904 683
Private arrest
Your right to make an arrest on your own initiative is set out in Section 42 of the Criminal Procedure Act, 1977.
While a police officer has wide powers to make an arrest without a warrant, you, as a private individual may arrest only a person who commits or attempts to commit in your presence, or whom you reasonably suspect of having committed, an offence specified in Schedule 1 of the Criminal Procedure Act. You may also arrest anyone whom you reasonably believe has committed any offence and is escaping from someone with the power to arrest him or her, who is in 'fresh pursuit'.
You may also arrest anyone you see engaged in an 'affray', which traditionally is defined as a brawl between two or more people in a public place.
The owner, lawful occupier or person in charge of property, on or in respect of which any person is found committing any offence, and any person authorised to do so by the owner, occupier, or person in charge, may without warrant arrest the alleged offender.
You may pursue the person you are entitled to arrest, and other individuals, to whom the purpose of the pursuit has been made known, may assist you. This is the modern counterpart of the old 'hue and cry' of public pursuit.
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24-04-2014, 18:52 #16
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24-04-2014, 18:55 #17
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24-04-2014, 19:10 #18
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- Nov 2012
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- CAPE TOWN
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Re: Self defence and the use of lethal force in effecting an arrest
Puts it into perspective and easy to understand. Thanks.
However, I do have a question, which is tricky and I hope you forgive me for asking as I don't want to nitpick the law.
You and your family get home and enter the house. You walk to the bedroom and your familyare in the front of the house. As you enter you find someone unlawfully in your bedroom. His only way out is past you, he want to get past you. You could get out of the way and hope he leaves quietly, but, you are aware that the rest of your family may be at risk as they arein thd house aswell?
Catch 22 situation?
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24-04-2014, 19:23 #19
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Re: Self defence and the use of lethal force in effecting an arrest
Thank you Martin
After last years burning of farm sheds with equipment worth millions the same questions where asked what is your comment on this as it is arson ?
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27-05-2015, 13:32 #20
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- May 2015
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Re: Self defence and the use of lethal force in effecting an arrest
Just a quick question, I remember doing private defence last year and I was left with the impression that one could use force in the event of property being stolen.
I can't remember the case citation, but it basically resulted in the robber getting killed with a Tomahawk.
If anyone could provide clarification on this please.
Also sorry for the Necro :D
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