THABO MELLI V. R
The appellants struck a man with intents to kill him believing him dead when he was only unconscious they rolled him over a cliff in order to make his death appear accidental, he died from subsequent exposure. The defense argued that the intent to kill did not concur with the cause of the death and the subsequent act causing the death was not accompanied with any intent to kill, and that therefore in respect of the latter act they should not be found guilty of murder but of a lesser offence of culpable homicide. The privy council rejected this argument that the transaction could not be divided this way.
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