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R v Patel
''R v Patel'' is an important case in South African criminal law, heard on May 8, 1959. The appellant's attorneys were Levy, Rogaly & Cohen, Pretoria, and S. and v A Rosendorff, Bloemfontein. The Appellate Division ruled that "a person has the same right to use force in the defence of another from a threatened danger, as he would have to defend himself, if he were the person threatened."〔123A, quoting Gardiner and Lansdown, vol. 2 at p. 1549 (6th ed.).〕 == Facts == In an appeal from a conviction of culpable homicide, it appeared that the appellant's brother had been struck by the deceased on the back with a hammer, and—he was then in a crouching position—that the next hammer blow might have landed on his head. The appellant had in this critical situation used the only weapon to hand: his revolver. He had fired at the deceased and killed him.
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