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2 have, since they left school, married into the deceased's family. The accused
was asked if having failed to use the teachers at school to intervene in the matter
between her and the deceased [if it is true that it was causing her the alleged
discomfort,] did she then consider using the good offices of her own aunt who
was married into the deceased's family? The accused answered that it never
occurred to her to use her aunt to intervene. The decision to arm herself with that
dangerous weapon, according to her, was not a solution to her problem of fear to
go to school for touting by four big girls.
This is the accused's defence on this charge of murder. What is murder? It is
defined in The South African Criminal Law and Procedure, Volume 11 [Common Law Crimes,] third edition, by J R L Milton, at page 310, as consisting
in the unlawful and intentional killing of another living person. At page 401
CRIMINAL LAW, Snyman, third edition, murder is defined as the unlawful and
intentional causing of the death of another human being.
The fact that LEFULESELE is a human being or that she is another living person
is not in dispute. This accused has therefore cause the death of another human
being, LEFULESELE MAHLOMOLA by stabbing her to death on the chest with
that knife. The unlawfulness and the intention to kill may be established or failed