Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

News

Oscar Pistorius Trial Part 8

986 replies

Roussette · 15/05/2014 09:14

here is Number 7.

OP posts:
greyhoundgymnastics · 11/09/2014 11:45

This reply has been deleted

Message withdrawn at poster's request.

LookingThroughTheFog · 11/09/2014 11:49

I was wondering about that, Member. In South Africa, could there be a civil case?

LookingThroughTheFog · 11/09/2014 11:49

I also thought he would get eventualis.

greyhoundgymnastics · 11/09/2014 11:50

This reply has been deleted

Message withdrawn at poster's request.

LookingThroughTheFog · 11/09/2014 11:54

Yes, I wouldn't have thought Nel would be allowed another crack, but whether the Steenkamps could bring a civil case is what I mean. I have no clue about this, as I'm pretty sure I've only heard of civil cases for murder on American TV and not in actual reality.

member · 11/09/2014 11:56

He's going to end up with a suspended sentence isn't he? Sad

BeCool · 11/09/2014 11:56

How could he have known that firing 4 shots into a confined space could've killed someone?

I'm puzzled too but from what I heard I THINK it is because it is determined by OP's INTENTION at this stage, and the judge clearly believed OP's statements to police etc on that fateful morning that he didn't intend to kill anyone - that he lacked intend.

Culpable homicide however is a test of recklessness and would a reasonable person think their actions would kill - OP has to FAIL on those grounds surely.

AGnu · 11/09/2014 12:13

So, basically, anyone can shoot anyone else if they can't see them & it's ok as long as they insist right from the start that they didn't know it was them? Hmm

msrisotto · 11/09/2014 12:21

I'm sorry but shooting at a person even once is incredibly likely to kill them. He knew this. How is this not dolus eventualis?

Mama1980 · 11/09/2014 12:22

The judge has said that op s version has been consistent and his initial reactions were witnessed so while it seems improbable it cannot be proved it did not happen as he said.
So AGnu it seems so Hmm
Surely they have to convict on the lesser charges though, he did kill her even if they have determined he didn't mean to. I mean 4. Bullets into a tiny space........

msrisotto · 11/09/2014 12:28

Oh wait, it's because if it was an intruder, it would be legal to shoot and kill them. Wow.

ohfourfoxache · 11/09/2014 12:30

I'm astonished at the judge's reasoning tbh Sad

AmIthatHot · 11/09/2014 12:32

So does it look like culpable homicide?

LookingThroughTheFog · 11/09/2014 12:33

I'd say yes, AmI, but I thought it looked like Dolus Eventualis until that was ruled out.

AGnu · 11/09/2014 12:33

According to David Dadic "Interestingly it may be the State actually applies for Appeal. Sect 310 says state can appeal if it feels court was wrong in law."

Mama1980 · 11/09/2014 12:39

BBC news is saying it looks like culpable homicide, but that that carries no mandatory sentence as other factors, remorse, subsequent actions ie getting medical help etc. can be taken into account.
However the firearms offences do though there is some discretion.

homebythesea · 11/09/2014 12:41

marking place

BeCool · 11/09/2014 12:41

imagine if the only reason he gets a custodial sentence if for the illegal bullets charge Shock - wrong on every level.

WildThong · 11/09/2014 12:46

becool agree, it would be like saying 'you are going to jail for killing your girlfriend with the wrong kind of ammunition'

Mama1980 · 11/09/2014 12:55

South African Lawyer again on bbc saying he would be surprised if op got more than 10 years now.

msrisotto · 11/09/2014 13:02

That makes me so absolutely sick.

DuelingFanjo · 11/09/2014 13:04

found you. I have posted here under various other names (Stackalee etc) but back to using my original name.

I am shocked by the verdict but can see where the judge is coming from to be fair.

AGnu · 11/09/2014 13:07

What time are they due back from lunch?

Mama1980 · 11/09/2014 13:08

Now there's been a unexplained delay

AGnu · 11/09/2014 13:09

Is it Nel demanding to appeal immediately? Wink