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.
l-azzeri-lies-in-the-sun.com
11th September 2014