1887

n Obiter - Comparing self-defence and necessity in English and South African law - R v Riddell [2018] 1 All ER 62; [2017] EWCA Crim 413 - cases

Volume 40 Number 3
  • ISSN : 1682-5853

Abstract

Although a motor vehicle has been held not to be a “dangerous weapon” in terms of the dangerous weapon legislation (S v Mnguni 1977 (3) SA 63 (N); S v Nyathi 1978 (2) SA 20 (B); cf S v Andrews 1977 (2) SA 719 (E)), a motor vehicle can certainly be used as a “weapon of death” (S v Desai 1983 (4) SA 415 (N) 418G–H; see generally Hoctor “Accidentally on Purpose? The Purpose of Imposing Duties Following Road Traffic Collisions” 2003 Obiter 174). Can a motor vehicle then also be used as a means of defending one’s interests that are under attack? This is the issue that arose in the English case of R v Riddell [2018] 1 All ER 62; [2017] EWCA Crim 413, which is examined below in the broader context of a comparison between English and South African law on the defences of self-defence and duress, and private defence and necessity, respectively. (As is customarily the case, in this contribution the person accused of a crime is referred to as “the accused” where South African law is under discussion, and as “the defendant” where English law is discussed.)

Loading full text...

Full text loading...

Loading

Article metrics loading...

/content/journal/10520/EJC-1b913040d7
2019-12-01
2020-09-25

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error