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Peterson v Minister of Safety & Security
''Peterson v Minister of Safety and Security''〔() 1 All SA19 (SCA).〕〔Case No. 514/08.〕 is an important case in South African criminal law. For the appellant appeared J Whitehead SC, instructed by JL Martinson & Company, Cape Town; for the respondents, A Schippers SC and S O'Brien, instructed by the State Attorney, Cape Town.
== Facts ==
In 2002, the police attempted to seize at least twenty bags of illegally harvested abalone or perlemoen in an area infamous for perlemoen poaching. During that exercise, a belligerent crowd gathered, opposing the removal of the haul by the police. The crowd then began stoning the police, forcing their retreat. That allowed the crowd to make off with most the bags of perlemoen. In the course of the altercation between the crowd and the police, the latter attempted to stave off the attack by firing rubber bullets into the crowd. When the police ran out of rubber bullets, they started shooting into the ground near the crowd with sharp-point ammunition from their firearms.
The appellant sued the respondent for damages sustained by her son in the above-mentioned shooting. The respondent raised the defence of justification in the form of self-defence, alternatively necessity. The plea of necessity was upheld by the trial court, which led to the dismissal of the appellant's claim, with costs. The present appeal ensued.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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