oa De Rebus - Is the best defence re-offence?
(SCA) (unreported case no 424/2012, 22-3-2013) (Brand JA) : case note

Volume 2013, Issue 532
  • ISSN : 0250-0329



The recent judgment in the matter by the Supreme Court of Appeal (SCA) raises interesting and potentially controversial issues.

In short, the SCA in this matter set aside the finding and conviction of the court a quo on murder, substituting this with a finding of culpable homicide.
As a consequence, the appellant's effective sentence of 20 years' imprisonment for murder and attempted murder was reduced to eight years for culpable homicide, to a limited extent backdated. The question is: How and why did this happen?

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