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definitely excessive. The accused also must have appreciated that the means she
used by far exceeded the limits of private defence. GIDEON LETELE V REX
CRI/A/149 of 1968, that is why she further claims that she just threw the knife
in the dark. She is attempting to shift the blame by indicating that she did not
know nor see what she did. There is no claim for blackout. This knife throw in
the dark was just made mention of by the way.
The requirements which when fulfilled entitle an accused person to an acquittal,
when pleading private defence, are succinctly stated in the case of Rex V
ATTWOOD 1946 A.D. 331 by Watermeyer CJ [as he then was), at 340
First of all, there must have been an unlawful attack or that the accused had
reasonable grounds for thinking that she was in danger of death or serious injury.
This accused does in no way claim that she was in danger of death or serious
injury. She does not claim that she feared that the second fist blow would cause
her a serious injury.
Secondly, the means of self-defence which she used must not be excessive in
relation to the danger. There is no evidence that this accused was in any danger
of any kind. Even if this court accepts that there were four big girls threatening
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