Will and Mike are involved in a heated argument outside a tavern. In a moment of anger, Will pushes Mike forcefully. Mike loses his balance, falls backwards, and hits his head on a concrete pavement. He later dies from the injuries sustained. Will claims that he did not intend to kill Mike but admits that he was aware that pushing him could cause harm, although he did not think death would result. Which of the following best reflects the correct legal position in South African law?

Question

Answer

Will is guilty of murder because he foresaw the possibility of harm, which is sufficient to establish intention in the form of dolus eventualis.

Answer

Will is guilty of culpable homicide because he acted negligently, but without intention to kill or foresight of death.

Answer

Will is guilty of murder because any unlawful act that results in death automatically constitutes murder.

Answer

Will may be guilty of murder if it is proven that he foresaw the possibility of death and reconciled himself with that outcome; otherwise, he may be guilty of culpable homicide.

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Will and Mike are involved in a heated argument outside a tavern. In a moment of...

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