n South African Journal of Criminal Justice - General principles : case reviews

Volume 21, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



In 2007 (2) SACR 292 (E) (also discussed by Michael Cowling in 'Recent cases : Criminal procedure' (2008) 21 (1) SACJ 104), the appellant had been convicted in the magistrate's court on a charge of assault with intent to do grievous bodily harm. The facts giving rise to the conviction were as follows : The complainant, wallet in hand, had been running to catch a bus when the appellant, an off-duty traffic officer armed with a baton, either hit the complainant with the baton or thrust it into his path causing injury to the complainant's face. The injury was serious enough to require stitches. That the complainant was totally blameless of any transgression when he was assaulted was not disputed.

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