Lying in the Sun

Masipa's Judgement - 6

Masipa's Judgement - 6

If the accused for example, had awoken in the middle of the night and in darkness saw a silhouette hovering next to his bed and had in a panic grabbed his firearm and shot at that figure only to find that it was the deceased, his conduct would have been understandable, and perhaps excusable.

I am of the view that the accused acted too hastily and used excessive force.

In the circumstances it is clear that his conduct was negligent.
11th September 2014

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