Oscar Pistorius

I'm surprised there's no thread already about this. Is it because it's not an Australian case?


 

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Oscar Pistorius

Deb, did you read (I've read half a dozen articles on it today, I can't remember if this information was in the one I posted) that his father refused to sign a statement that the ammunition was his?

If you're interested in more reading ...

http://www.theweek.co.uk/world-news/oscar-pistorius/53387/oscar-pistorius-verdict-live-judge-masipa-...

You have to kind of read backwards ... but it seemed to me that the judge was as "kind" to OP as she could possibly be.

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Oscar Pistorius


@katydidthat wrote:
Deb, did you read (I've read half a dozen articles on it today, I can't remember if this information was in the one I posted) that his father refused to sign a statement that the ammunition was his?

If you're interested in more reading ...

http://www.theweek.co.uk/world-news/oscar-pistorius/53387/oscar-pistorius-verdict-live-judge-masipa-...

You have to kind of read backwards ... but it seemed to me that the judge was as "kind" to OP as she could possibly be.


Yes, she was certainly putting the blame on the police for not coming up with a proper case with adequate evidence for the more serious charges to be applied.

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Oscar Pistorius

I think he was very lucky to have a judge who is so kindly towards him

 

 

imagine how all the witnesses feel being told  that all their accounts were incorrect because they were half asleep during the night Smiley Surprised

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Oscar Pistorius

From Deb's link:

"Mr Hood said there was a general consensus within the legal fraternity that Judge Masipa got the verdict wrong and could have left the door open for an appeal from the prosecution over a point of law.

"The judge appears to be confused over what we call 'dolus eventualis' which is legal intention, or gross negligence, and negligence itself which is the test for culpable homicide," he said.

"She's confused the legal test for culpable homicide with the legal test for that of murder and ... it appears to be an error of law.

"If that is indeed the opinion of the prosecution, they can appeal this decision."

Mr Hood said if it turned out not to be an error of law, it may be an area of the law that needs clarification in a higher court, so as to better reflect societal expectations."

I hope there is an appeal.

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Oscar Pistorius

would an appeal have to come from Reeva's family or the state??

 

the family may have had enough

 

personally fron what i saw/read of the prosecution''s case, i thought they did a good job

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Oscar Pistorius

I think it would have to be from the state, Deb, like it is here.

What Mr Hood was saying (and what a great name for a lawyer) was that the judge had made a mistake in applying the law.

Here, (depending on jurisdiction), you can have a murder conviction based on recklessness, rather than intent to kill ... I think that might be the same sort of thing he is talking about.
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Oscar Pistorius

I hope they do decide to appeal on those grounds of making a mistake applying the law

 

Am posted this a bit further back

 

South African law gives far more leeway to the use of force in self defence than many other countries. Anyone can respond with force if their life is in danger. 

 

The attacker does not necessarily have to be carrying a weapon: if you fear injury or death, you can use the most extreme means, including killing the assailant.

 

There is no balancing of weapons. If, for example, the attacker is carrying a knife and his target happens to have a firearm, the intended victim would be entitled to shoot that person dead.

 

South African law also states that you can defend somebody else if there is a possibility of serious injury or death. You are entitled to intervene and even kill the attacker. You do not have to be in a family or any other kind of relationship to the victim.

 

If somebody breaks into your house, you are entitled to kill that person under certain circumstances. If the burglar runs away and you kill that person anyway, you could be exceeding the bounds of self-defence. If, however, you are faced with a situation where you fear for your life or safety, you would be entitled to kill the intruder.

 

South African courts understand that these scenarios happen very quickly, usually at night. A householder cannot sit down and decide objectively exactly what should be done. You could reasonably expect any intruder to be armed and capable of doing you harm. The courts tend to accept a broad definition of self-defence.

 

 

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Oscar Pistorius


@karliandjacko wrote:

It doesn't look much like he "melted the heart" of her parents.


I guess that's why they don't do trial by parents.

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Oscar Pistorius

while I can see the reason for those laws I can also see that they could be abused. or used to conceal murders or accidental deaths

 

it's a tricky one

 

 

 

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Oscar Pistorius

  CRIMES ACT 1900 - SECT 418 Self-defence-when available 418 Self-defence-when available

 

(1) A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.
(2) A person carries out conduct in self-defence if and only if the person believes the conduct is necessary:
(a) to defend himself or herself or another person, or
(b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
(c) to protect property from unlawful taking, destruction, damage or interference, or
(d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass,
and the conduct is a reasonable response in the circumstances as he or she perceives them.

 

 ===

  CRIMES ACT 1900 - SECT 421

Self-defence-excessive force that inflicts death

421 Self-defence-excessive force that inflicts death

 

 

(1) This section applies if:
(a) the person uses force that involves the infliction of death, and
(b) the conduct is not a reasonable response in the circumstances as he or she perceives them,
but the person believes the conduct is necessary:
(c) to defend himself or herself or another person, or
(d) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person.
(2) The person is not criminally responsible for murder but, on a trial for murder, the person is to be found guilty of manslaughter if the person is otherwise criminally responsible for manslaughter.
===
Both from the Crimes Act 1900 NSW.  
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