You are the attorney for Lukhanyo. 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:
Q.1.6 Assume for this question only that Lukhanyo has succeeded with a defence of (10) mental illness, with reference to the facts set out in Q.1.3 above. State 5 directions (or verdicts) that a court may issue in terms of section 78(6) of the Criminal Procedure Act 51 of 1977 in respect of Lukhanyo’s successful reliance on a defence of mental illness (NOTE: Lukhanyo is an adult]. Q.1.7 It comes to your attention that Lukhanyo did not want to kill Lerato when they (10) were in the fight. He just wanted to scare her into submission by pointing the gun at her and in a weak moment, he was overtaken by a split-second of uncontrollable anger, aggravated by his drunken state. This caused Lukhanyo to pull the trigger three times when he shot her. Explain the type of intention (or do/us) that best applies to Lukhanyo in these circumstances.
Q.1.3 Assume for this question only that Lukhanyo told you that, although he was in a (25) drunken state, he thought that Lerato was a monster that tried to eat him that night that he shot her. You question Lukhanyo further about this and he tells you that Lerato turns into a monster every night after 22:00 and she would "bite and beat him" while she was in this state. The reason why he got so drunk out with friends on the night that he shot Lerato was because he could not deal with seeing her "in her monstrous state" after having a bad day at work. In a note not exceeding 1 page in length, discuss whether it is possible that Lukhanyo exemplifies sane automatism or insane automatism, with reference to the difference between these two concepts and why it is practically important to have such a distinction. NOTE: 20 marks are to be awarded for your discussion and 5 marks are to be awarded for the skill that you use in answering this question. Your answer to this question must not exceed 1 page in length. Any additional writing exceeding 1 page in length for this question will not be marked by your lecturer. Q.1.4 Assume for this question only that although she had been shot three times, Lerato was still alive after she had been shot and she was immediately rushed to hospital. She underwent immediate emergency surgery to remove the bullets and she was then placed on life support a few hours later. Lerato passed away in the hospital a week later because the hospital did not have enough medicine and the life support machines that Lerato was on kept breaking. Answer the following questions concerning causation: Q.1.4.1 Lukhanyo is of the view that the charge of murder against him cannot (10) stand because, in his view, he did not kill Lerato – the hospital did because it was negligent in not having enough medicine and adequate life support machines to help Lerato.
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.
