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S v De Oliveira : ウィキペディア英語版
S v De Oliveira

''S v De Oliveira''〔1993 (2) SACR 59 (A).〕 is an important case in South African criminal law, heard on May 4, 1993: an appeal from convictions and sentences for murder and attempted murder by Stegmann J in the Witwatersrand Local Division. LJ Lowies appeared for the appellant; DF Dörfling appeared for the State. Lowies was instructed by Galloways, Boksburg, and Naudes, Bloemfontein.
== Facts ==
The evidence indicated that the appellant, Antonio de Oliveira, and his wife, a certain Mrs Cordeiro, lived in a house in a dangerous area where robberies and housebreakings were not uncommon. Their house, however, was secure and burglar-proofed.
One Sunday afternoon while the appellant and his wife lay sleeping in their home, Vusi Nyandeni, a longstanding employee of De Oliveira's, together with three of his friends, Paul Peter Nyandeni, Isaac Nzimande and Jochonia Modisaitsele, arrived at De Oliveira's house. They wished to get into Vusi's room at the back of the house, where he had lived since March 1988 with one Tandi Adams.
The steel door at the end of the driveway, giving access to the back yard, was locked. Vusi knocked at the door in the hope that Adams might be there to open it. At this point Mrs Cordeiro woke up. "There are unknown black men outside!" she told De Oliveira, who instructed her not to worry; he would sort the matter out.
De Oliveira picked up his pistol from his bedside table and went to the window overlooking the driveway, opened it and fired six shots. One of these hit Paul Peter, killing him. Another hit Vusi, injuring him.
At the trial De Oliveira's defence was one of putative self-defence. He did not testify at the trial. The court rejected this defence and sentenced the appellant to an effective twelve years' imprisonment.

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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