De Vos v The State

The appellant, Mervyn de Vos, was convicted in the regional court on two counts of attempted murder after firing a single shot at a nightclub in Kimberley, injuring a security guard, Gavin Sylvester, and a patron, Samuel Serata. Earlier that night, De Vos had been forcibly removed from the nightclub by bouncers. He reported the incident to the police and later returned to the club to collect his niece’s sons. Upon his return, he alleged that Sylvester and another bouncer assaulted him with baseball bats, causing serious injuries including a fractured jaw. While under this alleged attack, he fired a single shot in self-defence. The State contended that he returned armed to exact revenge and shot Sylvester without provocation. Medical evidence showed that De Vos sustained severe injuries consistent with his version of events.

The appeal was upheld. The convictions and sentences for attempted murder were set aside.

The case is significant for reaffirming the principle that an accused’s version must be accepted if it is reasonably possibly true, particularly in self-defence cases. It underscores the importance of properly evaluating medical and objective evidence when assessing credibility and intent in criminal trials.