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Criminal law — mens rea — dolus indeterminatus — murder — non-deliberate killing of accomplice by accused in indiscriminate shooting.
Criminal procedure (sentence) — murder — extenuating circumstances — dolus indeterminatus — failure to separate investigation of extenuation and other sentencing procedure — production of previous convictions during enquiry into extenuation — irregularity.
An armed robber who, while struggling with his intended victims shoots indiscriminately with his weapon killing his accomplice, is guilty of murder even where the shot was accidental if in the circumstances the killer foresaw the possibility of an accidental shooting during a struggle and was reckless of the consequences.
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