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Posted

I was at school with this bloke. He's a big bloke, 6ft 2 or so and probably 110+ kgs. Not the the type of bloke to initiate something but would stand his ground.

 

Excellent! I would like to dub him 'DoGG', the Deadpool of Giba Gorge (if PureSavage doesn't mind me hijacking his post!)

 

Have you been in touch with him since this? If so, please tell him we are happy to hear of this all too often encounter not going the way of the criminals for once!

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Posted

Excellent! I would like to dub him 'DoGG', the Deadpool of Giba Gorge (if PureSavage doesn't mind me hijacking his post!)

 

Have you been in touch with him since this? If so, please tell him we are happy to hear of this all too often encounter not going the way of the criminals for once!

 

Haven't spoken to him but I understand he's getting counselling and is probably smoking a lot more than usual.

Posted

Fietsryer steek rower met mes dood

01 September 2016 09:22

 

http://www.netwerk24.com/Nuus/Misdaad/fietsryer-steek-rower-met-mes-dood-20160901

 

Durbanse fietsryer het ’n vermeende rower met ’n mes doodgesteek en sy makker beseer toe hul hom glo oor die naweek aangeval het.

 

Die twee mans het volgens kapt. Nqobile Park, polisiewoordvoerder, die fietsryer Sondag in Pinetown aangeval toe hulle hom probeer beroof het op die toegangspad tot Giba Cycling Park.

 

Die fietsryer het ’n mes te voorskyn gebring en ’n 25-jarige man doodgesteek en nog ’n man, wat vermoedelik die ander aanvaller se makker was, beseer.

 

Die beseerde man is onder polisiebegeleiding na ’n hospitaal geneem.

 

Die polisie het ’n geregtelike doodsondersoek geopen en ondersoek ook ’n saak van poging tot roof.

 

Chris Botha, Netcare 911-woordvoerder, sê paramedici en die polisie se soek- en reddingspan moes omtrent 500 m teen ’n steil helling afbeweeg om by die dooie man uit te kom.

 

Hy het ’n diep steekwond gehad en is dood voordat hulle by hom kon uitkom.

 

Die beseerde man is langs ’n paadjie naby ’n rivier aangetref. Hy het ’n “kritieke, diep steekwond” gehad en die polisie se lugvleuel het hom na ’n ambulans gebring.

 

Tyrone Johns, Giba Cycling Park se afrigter en ontwikkelingsbeampte, sê fietsryers moet na die park gaan en dáár ry.

 

Plaaslike inwoners het al onder rowers in die gebied waar die voorval plaasgevind het, deurgeloop.

 

“Ons plaas nou en dan waarskuwings op Facebook en het met die owerhede gepraat. Ons het die polisie aangemoedig om ons te besoek en om as afskrikmiddel vir misdadige elemente te dien,” sê Johns. – News24

Posted

They have been doing this for more than 20 years - given I was stabbed in 95 for a bike despite no resistance

Wow that is terrible :(

I hope you dont suffer any long term effects from it.

Posted

Wow that is terrible :(

I hope you dont suffer any long term effects from it.

Not physically anyway :) did spend a week in hospital with a punctured lung though - long time ago now.

Posted

I was at school with this bloke. He's a big bloke, 6ft 2 or so and probably 110+ kgs. Not the the type of bloke to initiate something but would stand his ground.

I was told by someone that was there on the day that he was riding a motorbike and not a bicycle. Can you confirm this?

Posted

I was told by someone that was there on the day that he was riding a motorbike and not a bicycle. Can you confirm this?

seems unlikely ... a motorbike seems like it would be a difficult target to rob, not to mention for him, a lot easier to evade the robbers?? it is possible that all the news reports got it wrong tho.. wouldn't be the first time  

Posted (edited)

seems unlikely ... a motorbike seems like it would be a difficult target to rob, not to mention for him, a lot easier to evade the robbers?? it is possible that all the news reports got it wrong tho.. wouldn't be the first time  

It's what I was told by 2 different people that were there on the day.  Quite possible that the media got it wrong and assumed a mtb due to the proximity to Giba. Also possible that the version I was told is inaccurate. Either way, it's not a great situation to be in.

 

To add: A motorbike would be a great target to rob in that pedestrian bridge area (which is exactly where this happened, apparently) because they go really slowly when they come off the bridge. 

Edited by GrahamS2
Posted

We used to ride enduro bikes out the other side of Giba, parked at Vmacs, snuck under the highway, then we climbed onto singletrack and then up and over the ridge behind Giba and there was plenty of riding there, all the way to the one waterfall through unused railway tunnels. But not sure if the guys still ride there on enduro bikes, this was back in 08 when I last rode there...

Could be on a motorbike if the guys still ride that area.

Posted

It's what I was told by 2 different people that were there on the day.  Quite possible that the media got it wrong and assumed a mtb due to the proximity to Giba. Also possible that the version I was told is inaccurate. Either way, it's not a great situation to be in.

 

To add: A motorbike would be a great target to rob in that pedestrian bridge area (which is exactly where this happened, apparently) because they go really slowly when they come off the bridge. 

he was on his mtb, which I seem to recall is a giant trance or a reign.

Posted

he was on his mtb, which I seem to recall is a giant trance or a reign.

Well, now we know he is a real bad ass!

 

(Noticed the font?)​

Posted
The general “gung ho-ness” of this thread worries me, so I thought I would weigh in on the general state of jubilation that the “cyclist won.” I assume that this will make me somewhat unpopular – so be it.

 

My concern is that the level of anger at the crimes to which we fall victim daily, seems to have engendered a perception that the use of fatal force is legally justified in every single circumstance. This is not the case.

 

I am not going to comment on this particular incident. The facts are not known, and I am not going to delve into conjecture.

 

That said, I thought it would be helpful (future reference) to attempt to unpack the requirements for self-defence. But,  do not construe this post as being legal advice – it is most assuredly not.

 

The general rule is that if you are the victim of an unlawful attack upon your person, property or another recognised legal interest, you may resort to reasonable force to repel such an attack. Any harm or damage inflicted upon an aggressor in the course of such private defence will not be  unlawful. This is the principle, but as is almost always the case in law, it is not  that simple.

 

The ambit of private defence (known colloquially as self-defence) is not unlimited. The requirements for a successful plea of private defence are divided into two main categories.

 

The first set of requirements are in respect of the attack. They are:-

 

1. The attack must be a positive commission or an act of omission;

2. The attack must have already commenced or be imminent. This means that if the victim has the time or the opportunity to seek other non-lethal / non-violent / (or less violent) forms of protection, he must do so. Pre-emptive attacks are not permissible. Fear alone is not enough to justify a defence;

3. The attack must be upon a legally protectable interest (life, limb, property);

4. The attack must be unlawful. (eg. you cannot defend yourself against lawful arrest).

 

The second set of requirements relate to the actual defence. The rules here are:-

 

1. The defence must be directed towards the attacker;

2. It must be a conscious self-defence action;

3. The defence must be specifically aimed at protecting a legal interest;

4. The defence must be necessary to avert the attack. A person is justified in acting in defence only if the attack cannot be avoided in any other way – it must be the only means available for warding off the attack. Where the threat is of personal injury, self-defence by means of force is not permissible if the threat can be avoided by means of escape or retreat.

5. The defence must be a reasonable response to the attack. The force used to defend against the attack must be proportional to the attack.  Excessive force will render the victim subject to prosecution / conviction.

6. The means used by the victim must not be more damaging than is necessary to prevent the danger / assault. 

As the far the protection of one’s property is concerned, one may use force (including, where appropriate, deadly force) in order to protect ones property. However, the use of deadly force to protect property is highly controversial and problematic. The right to life is constitutionally protected - so I would say that it not reasonable or proportionate to kill a thief to protect your ownership in your bike and your  IPhone, if your life is not at imminent risk.

 

Acknowledgment:: the legal requirements for private defence as set out above are as stipulated by Jonathan Burchell in his book, Principles of Criminal Law (4th edition, 2015, Juta) at pages  117 – 135.

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