KZNSeagull
Well-known member
There are plenty in this country that do including a lot of women, surprisingly.
Got something to say or just want fewer pesky ads? Join us... 😊
Oscar Pistorius
- Thread starter cjd
- Start date
There are plenty in this country that do including a lot of women, surprisingly.
KZNSeagull
Well-known member
The Supreme Court of Appeal will start handing down their verdict in about 15 minutes. Finally this saga will be put to rest, one way or the other.
Is that right? No further right of appeal for either side if they don't like the verdict? Qenuine question - I have no knowledge of the SA criminal legal system.
KZNSeagull
Well-known member
SCA finds that law of Dolus Eventualis was incorrectly interpreted and that evidence from the state was incorrectly applied by trial judge.
Judgment of Manslaughter set aside.
Defence view that Oscar fired without knowing consequences has been discounted by SCA. Death of person behind the door was an obvious result, especially firing 4 times. He was using a lethal firearm, not a pellet gun. SCA has no doubt that accused foresaw that whoever was behind the door was in lethal danger from his actions. There was no attack upon the accused. Whoever was behind the door was not threat to him at the time he fired. He fired without a rational fear that his life was in danger.
Accused should have been found guilty of MURDER under count 1. Conviction of MURDER substituted for original verdict. HOORAH!!
Judgment of Manslaughter set aside.
Defence view that Oscar fired without knowing consequences has been discounted by SCA. Death of person behind the door was an obvious result, especially firing 4 times. He was using a lethal firearm, not a pellet gun. SCA has no doubt that accused foresaw that whoever was behind the door was in lethal danger from his actions. There was no attack upon the accused. Whoever was behind the door was not threat to him at the time he fired. He fired without a rational fear that his life was in danger.
Accused should have been found guilty of MURDER under count 1. Conviction of MURDER substituted for original verdict. HOORAH!!
KZNSeagull
Well-known member
Guilty of MURDER under Dolus Eventualis. Case referred back to original court for sentencing. Bye Bye Oscar
KZNSeagull
Well-known member
Don;t think so as the appeal was a matter of law, not fact. There is no-one else higher to appeal to
KZNSeagull
Well-known member
Should be 15 years minimum minus time already served. Judge does have some discretion apparently, but she would be wise not to exercise it imo.
KZNSeagull
Well-known member
Only issue now is that the High Court is closed until mid Jan when he can be re-sentenced, so I suspect Oscar gets to spend Xmas under house arrest, not in jail.
June Steenkamp seems relieved and there is a hint of a smile. Justice at last.
June Steenkamp seems relieved and there is a hint of a smile. Justice at last.
severnside gull
Well-known member
The original decision was hard to accept based on any logical viewpoint but as the law rarely bows to common sense it was unsurprising. Much more so this decision and whilst the Steenkamps have behaved with all the dignity that Pistorius and his family lack I suspect they will allow themselves a quiet smile today.
Bold Seagull
strong and stable with me, or...
I was shocked by the original decision, dumbfounded. I followed most of the trial while I worked, and could not even equate the strange workings of law into how the basic premise of firing 4 shots close to a door wouldn't result in the death of the person behind. Of course it didn't matter who was in there - he aimed to kill them. Justice served, what a relief.
Will then serve half of that. Reeva's mother has acted with dignity and the relief on her strained face was extremely touching.
Isn't the judge a man this time around?
Bold Seagull
strong and stable with me, or...
5 judges on the court of appeal panel.
KZNSeagull
Well-known member
Sentencing is handed down by the original High Court Judge, Judge Masipa. The Appeal Court do not hand out sentences, just rule on matters of law.
Bold Seagull
strong and stable with me, or...
Sounds very much like justice has been done, finally.
Cadiz Seagull
Grey bearded old man
Correct decision at last. The first verdict was ridiculous, nearly as ridiculous as releasing him from jail after serving only a very small part of a five year sentence.
Mind you, at 10 to 8 this morning BBC news was reporing on TV that the appeal against the original verdict by the prosecution had been refused, so they got that wrong. When I read on NSC that the appeal had been allowed I thought NSC must have it wrong so I checked BBC breakfast on iplayer. And they were wrong.
BBC 0, NSC 1
Mind you, at 10 to 8 this morning BBC news was reporing on TV that the appeal against the original verdict by the prosecution had been refused, so they got that wrong. When I read on NSC that the appeal had been allowed I thought NSC must have it wrong so I checked BBC breakfast on iplayer. And they were wrong.
BBC 0, NSC 1