QUESTION ONE [COMPULSORY] Mavuto has been charged with the offence of murder, contrary to section 200 of the Penal Code. It is alleged that on 5th March, 2024, Mavuto shot and killed Mbokoma (the deceased). The facts leading to the murder charge are as follows Mavuto is an adult male aged twenty-two years. He is unmarried but has a minor child with eighteen year old Betty. The deceased was Betty's elder brother. Mavuto had a volatile relationship with the deceased; the two would always get into a fight whenever they would cross paths. The enmity between Mavuto and the deceased was mainly due to the latter's disapproval of the love relationship the former had with Betty. Mavuto had impregnated Betty while she was still at school and the deceased had never forgiven him for that. The deceased had even barred Mavuto from visiting Betty at her parental home. However, Mavuto was of the view that the deceased had no right to interfere with the relationship he had with Betty. Mavuto therefore continued to go to Betty's parental home in defiance of the deceased's instructions On the fateful day, Mavuto's father had given him his gun and told him to go to the field to shoot at large birds which snatched and ate chickens at their home. Mavuto did not see the birds thus he decided to go to Betty's parental home as he was close by. He called Betty to come over and she came with their child. The two lovebirds and the child sat at a place close to the home of Betty in a bush. While they were enjoying each other's company, the deceased came at the scene unannounced carrying a bush knife and a grass slasher. The deceased then began to question what Mavuto was doing with his sister. Thereafter, an argument ensued between the two leading to the deceased throwing the bush knife he was carrying in their direction. The bush knife hit the child, injuring her severely. The deceased then reached for his grass slasher as if about to throw it in their direction as well but before he could so, Mavuto reached for the gun he had with him and fired three shots at the deceased. The deceased was rushed to the hospital and was declared dead upon arrival. Mavuto was remanded in custody for trial on the 6th of June, 2024. On the day, Counsel for the defence was unable to obtain proper instructions from Mavuto who insisted that he should be protected by heavily armed soldiers as the deceased was still alive and was threatening to kill him. cidualAccording to Mavuto, whenever he closed his eyes to sleep, he would hear the deceased whisper things to him such as "I will get you". Mavuto believed that the deceased had intentions of disguising himself as one of the Court Justices just to get at him . With reference to the relevant case and statutory authority, address the following issues. a) Guide defence counsel on the procedure to be followed once it is realized that an accused person is unable to give solid instructions to counsel due to mental incapacity. - Insanity / unfit to plead [10 Marks] b) Advise defence counsel on the possible defence that can be raised on behalf of Mavuto and the prospects of the said defence succeeding. [10 Marks] defend insanity MiMagten ") Advise defence counsel whether the case at hand is one suitable for the court to zim bog a lv insider concurrent and consecutive sentences. Consecutive . [5 Marks] amminet attack [TOTAL MARKS: 25] QUESTION TWO self defence pelete Banda win the aid of decided cases, write brief notes on the following. a) Aggravating factors Ru phin m, Nhaten [5 Marks] b) Antecedents of the offender as a mitigating factor [5 Marks] c) Consent as a defence - Barnes alume d) Non mitigating factors - van Zyl , mardichi, zula [5 Marks] [5 Marks] e) Obtaining goods through false pretences [5 Marks] The people v [TOTAL MARKS: 25] -ligha QUESTION THREE Walter and Joel requested Charlie to drive them to Makeni to rob Michael, who according to Walter, kept huge amounts of money and jewellery at his home. Walter told Joel and Charlie that he was only going 'to hold Michael up, tie him up and take the money and stuff. Joel however knew that Walter was quick tempered, capable