Dad who left gun unattended should be charged with culpable homicide - expert

While Limpopo police investigate the circumstances that led to the fatal shooting of a three-year-old by a 12-year-old sibling in Mankweng district, gun law expert Martin Hood says the children's father should be dealt with according to the full force of the law.

The 12-year-old boy allegedly shot the toddler with his father's firearm which was left unattended in a bag.

Hood says the law requires that you have an approved safe to prevent unauthorised access to the firearm.

In the event that you do not lock the firearm in a safe, it is a criminal offence, it is quite a serious criminal offence in that you can be punished by a period in prison of up to five years.

Martin Hood, Gun law expert

He insists that the focus should be on the father and not on the child.

So what we have here is a situation with a number of different potential offences... the father is guilty of the offence of failing to lock his firearm in a safe.

Martin Hood, Gun law expert

The child unfortunately is being charged with murder, that I have a problem with because a child at that age is rebuttably deemed not to be capable of intending to commit murder.

Martin Hood, Gun law expert

I think that the father as well should be charged with culpable homicide.

Martin Hood, Gun law expert

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