15
EXTENUATION
The accused was 16 years of age at the time she committed this crime. Her
youthfulness is an extenuating factor . S v SIGWAHLA 1967 (4) SA 566. The
extenuating circumstances may be found anywhere in the body of the record.
R v MALOPI 1954 (1) SA 390. There may have been some not so open conflict
between the accused and the deceased as a result of sharing this boyfriend called
MOFANA MAPHATHE.
There is an indication of fear to lose the said boy
friend by the accused. What she seemed to have been eager to protect was her
interest in the love affair with MOFANA MAPHATHE. The feeling that the
deceased and her friend P.W.1 may have been desirous of the accused's break-up
with that boyfriend, seems to have been reciprocal between those two girl friends
of MOFANA MAPHATHE. The act of arming herself with such a dangerous
weapon clearly indicates the accused's intent to stand her ground and stay in the
relationship which she felt was being removed away from her grip. Her fear to
lose a boyfriend they shared with the deceased, is also an extenuating factor. They
may have been some touting although nobody witnessed it. The fact that the
deceased paid the accused a visit on 10th October 1994, to enquire about her
intended departure time from the school on that day, shows that they may have
been some sort of conflict between those two girls. On their way home on that
same day, they were heard shouting abuse and threats to fight to each other. This
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