140915OPJudgment

CC113/2013-pc 3350 JUDGMENT
2014-09-12
accused negligently used a firearm to wit: a Glock 27 pistol and caused
damaged to the floor of the restaurant.
The second alternative to this count, is that at the same place and the
same day, the accused discharged a firearm to wit: a Glock pistol at a
table in the restaurant among other patrons in a manner likely to
endanger the safety of the people at his table, and or other patrons on
the property of the restaurant. The accused erred in discharging the
firearm mentioned, showing a reckless disregard for the safety of the
patrons on the property of the restaurant.
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Count 4: The allegation was that on or about 16 February 2013 at or
near 286 Bush Willow Street, Silver Lakes Country Estate, Silver Lakes
in Pretoria, the accused was unlawfully in possession of ammunition to
wit 38, .38 rounds without being the holder of a licence in respect of a
firearm capable of discharging that ammunition, a permit to possess
ammunition, a dealer’s licence, gunsmith licence, import, export or in
transit permit, or transporter’s permit, issued in terms of the Firearms
Control Act, 60 of 2000, or is otherwise authorised to do so. In respect
of this count the state failed to prove beyond reasonable doubt, all the
elements of the charge.
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Mr Pistorius, please stand up. Having regard to the totality of
this evidence in this matter, the unanimous decision of this court is the
following:
Count 1: Murder, read with Section 51(1) of the Criminal Law
Amendment Act, 105 of 1997, the accused is found not guilty
and is discharged. Instead, he is found guilty of culpable
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