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. the starting point, however, once more is whether the accused had the intention to kill the person behind the toilet door whom he mistook for an intruder. the accused had intention to shoot at the person in the toilet but states that he never intended to kill that person. in other words, he raised a sense of private defense. 1993, volume 2, capital s, capital a, capital c, capital r, 59, in brackets, capital a, closed bracket, at 63 and 64, a distinction was drawn between private defense as a defen