Lukhanyo is facing a charge of murder in respect of his wife, Lerato
You are the attorney for Lukhanyo. Lukhanyo is facing a charge of murder in respect of his wife, Lerato. Lukhanyo and Lerato had a terrible fight one evening after Lukhanyo went out for drinks with friends. When Lukhanyo arrived home in a terrible drunken state, Lerato confronted him about the fact that Lukhanyo had come home again at an unacceptable late time. The fight between them escalated to the extent that Lukhanyo took a gun out of a nearby drawer, and he fired three shots at Lerato. One shot hit Lerato in the stomach while the other two shots hit Lerato in the heart. Lerato died immediately in a pool of blood. Answer the following questions:
(1.1.4.2 Assume for this question only that Lerato miraculously survives, and [10) she only spends a few days in hospital before being sent home to recover. Her doctor told her that she needs to ensure that her wounds are cleaned daily so that they can heal properly, but Lerato completely ignores the doctoHs advice, citing that cleaning the wounds for her would be "too much hard and unnecessary work". A couple of days later, Lerato passes away from a brain aneurysm caused by severe blood poisoning that developed when her wounds became infected and went se ptic, Discuss whether Lukhanyo”; charge of murder would still stand in the given scenario with reference to relevant case law. (1.1.5 Assume for this question only that Lukhanyo tells you that he shot Lerato and (25) wishes to rely on private defence as a ground ofjustification. Lukhanyo tells you that he shot Lerato because Lerato was about to throw a kitchen knife at him. In his view, had he not shot her, she would have inflicted a serious knife wound on him. In a note not exceeding 1 page in length, evaluate whether Lukhanyo has exceeded the limits of private defence in this regard, with reference to the one requirement of the defence that is applicable as well as the position in South African Law when looking to determine whether one has exceeded the limits of private defence.
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