on page 752, holmes j.a. explains the legal position as follows. i quote, nowadays, criminal liability is not regarded as attaching to an act or a consequence unless it was attended by mens rea. accordingly, if a assaults b, and in consequence b dies, a is not criminally responsible for his death unless, a, he foresaw the possibility of resultant's death yet persisted in his deed, regardless whether death ensured or not. or he ought to have seen the reasonable possibility of resultant's death. in a, the mens rea is the type of intent, and the crime is murder. in b, the mens rea -- and the crime is culpable homicide, closed quote. my view is that we are here not dealing with -- it would tlefr serve no purpose to say anything else about it. we are clearly dealing with error in persona in that the blow was meant for the person behind the toilet door who the accused believed was an intruder. the blow struck and killed the person behind the door. the fact that the person behind the door turned out to be the deceased and not an intruder is irrelevant. th

versus saquasttra, 1967 volume four, sa 566 capital a in brackets holmes j.a.expressed the degree of proof in the following terms, i quote, subjective foresight like any other factual issue may be proved by inference to constitute proof beyond reasonable doubt, the inference must be the only one which can reasonably be drawn. >> we are listening in on the oscar pistorius trial which is coming to us from south africa. the judge is ruling basiccally recapping right now what this happened yesterday, when she cleared him for murder, but however we are now waiting to see if there's going to be a charge on a what we would consider more of a manslaughter conviction. i'm joined by eric guster and randy zellin and we've been discussing what's going on and how the judge is being extremely methodical about reading her reasons bit by bit word by word to make sure that she's perfectly clear in her rulings but she's making room for this other charge, which we believe just might stick? >> it almost seems like that in trying to be methodical and trying to be clear, it's anythi