The incident occurred on 20 February 2004 at a tavern in Senobarana, Limpopo, where several people were drinking. The appellant arrived at the tavern and called Daphne, who refused to go to him. He returned to his vehicle, came back, and pulled Daphne. When others objected, the appellant slapped Daphne, Nicholas, and Stanley (twice). When questioned, the appellant took out a firearm, grabbed Stanley with one hand and fired a shot in the air. He then pointed the firearm forward and fired a second shot before leaving. One of the shots fatally wounded the deceased. The appellant claimed he acted in self-defense and that shots went off during a struggle over the firearm. The regional court convicted him of murder on the basis of dolus eventualis and sentenced him to 15 years imprisonment. This conviction and sentence were confirmed by the North Gauteng High Court (Pretoria), sitting as a court of appeal.