140915OPJudgment

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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. 10 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. 20 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 iAfrica Transcriptions (Pty) Ltd / hvr
CC113/2013-pc 3351 JUDGMENT 2014-09-12 homicide. Count 2: Contravention of Section 120(7)7 of the Firearms Control Act 60 of 2000 and the alternative count, that is contravention of section 120(3)(b) of the same act, the accused is found not guilty and discharged. Count 3: Contravention of Section 120(7), alternatively section 120(3)(a) and further alternatively section 120(3)(b) of the Firearms Control Act 60 of 2000, the accused is found guilty of the second alternative that is the contravention of Section 10 120(3)(b). Count 4: Contravention of Section 90 of the Firearms Control Act 60 of 2000 the accused is found not guilty and discharged. - - - - - - - - - - iAfrica Transcriptions (Pty) Ltd / hvr
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140915OPJudgment

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