THE STATE v SAMBULO MASUKU

Key Issues

• {"issue_text":"Whether the defence of self defence is available to the accused","issue_type":"law","dispositive":"yes","related_facts":"The accused's claim that he acted in self defence after being struck with a stone and charged at by the deceased"}
• {"issue_text":"Whether the accused's conduct was necessary to avert the unlawful attack","issue_type":"law","dispositive":"yes","related_facts":"The accused had disarmed the deceased before delivering the blows"}
• {"issue_text":"Whether the means used to avert the unlawful attack were reasonable in all the circumstances","issue_type":"law","dispositive":"yes","related_facts":"The accused struck a falling man on the back of the head with a machete"}
• {"issue_text":"Whether the harm caused was grossly disproportionate to the unlawful attack","issue_type":"law","dispositive":"yes","related_facts":"The deceased sustained brain laceration and skull fractures from three machete blows"}

Background