THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA
| S v Koopman | |
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| Supreme Court of Appeal -502/03 | Hearing date: 6 December 2004 |
| Judgment date: 2 December 2004 | |
Appeal – findings of fact by trial court – correct approach of court of appeal – legal principles and guidelines – misdirections – judgment as a whole to considered – balanced approach required – contradictions between witnesses – deviation from police statement - probabilities - defence of self defence. Sentence - correctional supervision - Act 111 of 1998 - objects and purpose - imposition in presence of accuced - remittal. |
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Media Summary
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From: The Registrar, Supreme Court of Appeal GERT KOOPMAN v THE STATE Please note that the media summary is for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal. The Supreme Court of Appeal today dismissed an appeal of Mr Gert Koopman against his conviction, on a charge of attempted murder, by the regional court at Joubertina. The court however held that the magistrate had erred in finding that the complainant had not at the time threatened to cause Koopman and others bodily harm. The court held that despite the reasonable possibility that he had been under such threat, he had not acted in justifiable self-defence in shooting and wounding the complainant. The court therefore set aside the sentence of five years imprisonment (two years conditionally suspended) and remitted the matter to the magistrate in order that the court sentence Koopman afresh.
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