Wawito Mawala v S.

Territorial subdivision
Type of court
Court jurisdiction
Date of opinion

The accused and three other men were inside the Ndumo Game Reserve on 19 November 2011 at 17:00. One man was carrying a firearm. Game rangers patrolling in the Reserve caught sight of the men in pursuit of a rhino. The rangers ordered the man to put down the firearm. Instead, he turned and pointed it at the rangers. Realising that danger was imminent, the rangers fired shots, fatally injuring the man. The other three men disappeared into the Reserve. Early the following morning, the accused was found, still inside the reserve and wearing the same clothes. He was arrested.
Having been correctly identified, the primary issue was whether or not he could be held liable for the death of the deceased man. To be held liable one would have to show that the accused intended that the deceased be killed. This form of intention will be present where, subjectively, the accused foresaw the possibility of his actions resulting in the death of the deceased (even if only remote) and that he reconciled himself to this possibility and proceeded anyway. (Provided by: UNODC SHERLOC)

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