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The Paradox Of Murder By Thabo Meli, South Africa

573 Words3 Pages
For the topic of this paper, I picked the paradox named “Murder” as the most interesting from today’s reading. In this paradox, we are opened with a case that occurred in Thabo Meli, South Africa in 1954. During an attack, a gang hits the victim in the head with an instrument, trying to kill the victim. After the hit, they believe the victim to be dead and roll the victim off a cliff to give the image of an accident. What the gang was unaware of, was that the victim had survived the initial attack, and had only died of exposure after falling off the cliff. The defense team representing the gang argued that because the initial attack against the victim was not what killed him, they should only be charged with, at the most, attempted murder, and the act of rolling the victim off the cliff was not with the attempt to kill, since they believed that the victim had died during the attack. This paradox brings to the topic of malice aforethought, or mens rea, which means that murder was planned and meant to harm. This was brought into the case as they tried to point to the fact that the fall from the cliff was not meant to harm, as they had thought the victim dead when doing the act, but it appears obvious that they meant to harm and had planned to do so, it just did not occur in the order the gang had thought it had.
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