140915OPJudgment

CC113/2013-mb 3284 JUDGMENT
2014-09-11
a) a license in respect of a firearm capable of discharging that
ammunition;
b) a permit to possess ammunition;
c) a dealer’s license manufacturer’s licence, a gunsmith’s license,
import, export or in-transit permit or transporter’s permit issued in
terms of this Act;
d) or is otherwise authorized to do so.
The accused pleaded not guilty to count 1 and handed in an explanation
of plea in terms of Section 112 of the Criminal Procedure Act 51 of
10
1977. He also pleaded not guilty to counts 2, 3 and 4 and the
alternative counts. The accused was represented by Mr B Roux (SC)
and KC Oldwage. Mr G Nel and Ms A Johnson appeared for the state. I
sat with two assessors, namely Ms J Henzen-du Toit and Mr
T Mazibuko.
Explanation of plea:
In his explanation of plea in respect of
count 1, the accused described the incident as a tragic one which
occurred after he had mistakenly believed that an intruder or intruders
had entered his home and posed an imminent threat to the deceased
and to him. The following extract is from the explanation of plea:
20
“4.1 During the early hours of the morning I brought
two fans in from the balcony. I had shortly
spoken to Reeva who was in bed besides me.
4.2 Unbeknown to me, Reeva must have gone to
the toilet in the bathroom, at the time when I
brought in the fans, closed the sliding doors
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