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  #241  
Old 21.10.2014, 18:30
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Re: Oscar Pistorius arrested

I can't see a lot of sense in this, I thought manslaughter was when you didn't mean to kill, or had a reasonable expectation that death wouldn't result. He fired a gun through the door ffs. He couldn't even claim to be aiming to wound or firing warning shots

And whats more likely? that the bathroom was where his girlfriend chose to hide from him, or that it's the place an intruder would go. Back when I was a burglar first thing we'd do after breaking into an occupied house is go for a shit in the en-suite, I'm amazed we never got shot.

Such a sad event, but the victims parents said they were happy with the sentence? out in 10 months? with an ankle bracelet on?

no, wait
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  #242  
Old 21.10.2014, 18:43
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Re: Oscar Pistorius arrested

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Such a sad event, but the victims parents said they were happy with the sentence?
Although her family have said they are happy with the sentence, the prosecution are still considering appealing the actual vertict of culpable homicide.
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  #243  
Old 21.10.2014, 20:02
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Re: Oscar Pistorius arrested

Well, I guess maybe this will lead to less divorces in SA in the future?

Just wait for the O/H to go to the bathroom in the night and go fire shots thru the door, and claim you thought a burglar was in the bathroom.

Eesy peesy, it worked in this case, it should work in future cases.

Edit: This so reminds me of something happened to a friend when I lived there. He heard a noise in the night while in bed. Woke his wife and told her to get under the bed, while he took his gun and prowled in darkness. He found bathroom window open and three guys prising the burglar guards off. He fired a shot next to the one guys head and all the potential intruders took off into the night. He said he wanted to actually shoot the guy - but could not bring himself to actually KILL a person.
NO ways would he have fired his gun without knowing where his wife was!
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  #244  
Old 21.10.2014, 20:06
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Re: Oscar Pistorius arrested

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I wonder if he'll get one last night of freedom, to go out and get legless, before he settles down to read OJ's best seller: 'Murder - and How to Get Away With It'.
I saw what you did there
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  #245  
Old 21.10.2014, 21:04
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Re: Oscar Pistorius arrested

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(Edited) I can't see him with an ankle bracelet on
Agreed!
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  #246  
Old 21.10.2014, 21:28
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Re: Oscar Pistorius arrested

When I read the News24 (btw: they never write anything positive anyway):

Oscar processed, placed in cell
http://www.news24.com/SouthAfrica/Os...-cell-20141021

Monama said that when Pistorius arrived at the prison he was taken into the reception where his fingerprints were taken and he was searched.

His details were then entered into a computer system and a prison number was generated for the "blade runner".

A nurse was there to compile a medical file.

"After completing the medical, the reception person will give him prison clothing and then you take your private clothes and put it in a bag," Monama said.

Asked what Pistorius could expect for his first dinner in prison, Monama said he did not know but assured that it would be a good meal.

The meals were provided by an outside contractor.

"People here get three meals a day. They're cooking nice food. You'll get nice food... we take care of the people," he said.


This whole case and serving imprisonment seems like a big farce or reality show. If you are not a celebrity you wouldn't have made any headlines.
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  #247  
Old 21.10.2014, 22:02
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Re: Oscar Pistorius arrested

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Well, I guess maybe this will lead to less divorces in SA in the future?

Just wait for the O/H to go to the bathroom in the night and go fire shots thru the door, and claim you thought a burglar was in the bathroom.

Eesy peesy, it worked in this case, it should work in future cases.
But only if you wait until Valentine's Day ...... you know - the one when all professional burglars are out burgling, and couples never have rows, because one forgot
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  #248  
Old 23.10.2014, 23:40
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Re: Oscar Pistorius arrested

Oh the irony....

Last night, there really was a burglar in his shitter.
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  #249  
Old 15.10.2015, 19:41
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Re: Oscar Pistorius arrested

Pistorius will be released by the end of this month and placed to house arrest, where he will serve the rest of his sentence (till 2019).

It looks like he will live at his uncle's home in the suburbs of Pretoria. He has expressed interest in doing community work with children.

Prosecutors are still trying to upgrade his verdict to murder, in which case he would be facing minimum 15 years in prison.
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  #250  
Old 03.11.2015, 15:17
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Re: Oscar Pistorius arrested

The blade-runner OP's legal problems might not be over yet ...

Oscar Pistorius murder verdict sought by S Africa prosecutors
http://www.bbc.co.uk/news/world-africa-34708305
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  #251  
Old 03.11.2015, 16:16
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Re: Oscar Pistorius arrested

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The blade-runner OP's legal problems might not be over yet ...

Oscar Pistorius murder verdict sought by S Africa prosecutors
http://www.bbc.co.uk/news/world-africa-34708305
This whole scenario is just such a joke of justice, imo.

If the "burglar" was behind a locked door, with no window to escape, they were no threat to the killer (Pistorious).

Funny that shooting a "normal" burglar in a confrontation in one`s house is regarded as murder - yet this little rich boy is let off on a charge of manslaughter. His life was not threatened, yet he killed. And then spends a year in prison, with special priveledges, and then retires to his uncles luxury villa to wallow in comfort.
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  #252  
Old 03.11.2015, 22:10
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Re: Oscar Pistorius arrested

No window? ? Really, then how did "they" get in?
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  #253  
Old 03.12.2015, 10:43
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Re: Oscar Pistorius arrested

Has now been found guilty of murder.
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  #254  
Old 03.12.2015, 10:56
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Re: Oscar Pistorius arrested

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Has now been found guilty of murder.
Always seemed strange to me that he ever faced the lesser charge. Don't understand SA law so well, so also seems strange that they can just change a verdict like that. Any way, seems they got to the right verdict eventually imho.
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  #255  
Old 03.12.2015, 11:12
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Re: Oscar Pistorius arrested

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Always seemed strange to me that he ever faced the lesser charge. Don't understand SA law so well, so also seems strange that they can just change a verdict like that. Any way, seems they got to the right verdict eventually imho.
It was quite clear that sooner or later somebody sane will wake up this case and apply the rule of dolus eventualis. One cannot simply shoot somebody else and walk away without any consequences. It was just a matter of time for justice to prevail.

Oscar Pistorius verdict changed to murder
http://www.bbc.co.uk/news/world-africa-34993002
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  #256  
Old 03.12.2015, 18:03
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Re: Oscar Pistorius arrested

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Always seemed strange to me that he ever faced the lesser charge. Don't understand SA law so well, so also seems strange that they can just change a verdict like that. Any way, seems they got to the right verdict eventually imho.
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It was quite clear that sooner or later somebody sane will wake up this case and apply the rule of dolus eventualis...
Can someone with a little knowledge of SA law explain all this? We saw it in Italy with the Knox case as well - the prosecution gets to appeal.

As an American, it's very confusing to try and follow. In the U.S. justice system, once a verdict comes down from a jury that's essentially it for the prosecution. Except in the rarest of circumstances, only the defense can appeal.
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  #257  
Old 03.12.2015, 18:11
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Re: Oscar Pistorius arrested

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Can someone with a little knowledge of SA law explain all this? We saw it in Italy with the Knox case as well - the prosecution gets to appeal.

As an American, it's very confusing to try and follow. In the U.S. justice system, once a verdict comes down from a jury that's essentially it for the prosecution. Except in the rarest of circumstances, only the defense can appeal.
What is dolus eventualis?

The original trial catapulted what might once have been an obscure legal principle into the global spotlight.
Today the supreme court will decide if Judge Masipa got it wrong when she found Pistorius not guilty of murder. But what does it mean?
A simple explanation is that it hinges on whether an accused did foresee the outcome of his actions, rather than whether they should have.
In this case, Masipa accepted Pistorius’ argument that he did not think his actions would lead to the death of the person behind the door.
But in deciding that a reasonable person should have foreseen that, she did find him guilty of culpable homicide.
South African barrister Ulrich Roux argued after the verdict that the principle of dolus eventualis should have resulted in a murder conviction for Pistorius:
According to the law, someone is guilty of murder if they know that their actions could lead to the killing of a person and reconcile themselves to that fact, and act anyway.

In delivering her ruling, judge Thokozile Masipa said that “a reasonable person would have foreseen if he fired shots at the door, the person inside the toilet might be struck and might die as a result”, which suggests a classic case of dolus eventualis.
But the judge seems to have cleared him of this charge because she felt that, to be guilty of common-law murder, Pistorius needed to have foreseen that his actions would kill a specific person – Reeva Steenkamp
I would say that the law is clear – it doesn’t have to be a specific person whose death can be foreseen, it can be anyone.


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  #258  
Old 03.12.2015, 18:17
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Re: Oscar Pistorius arrested

In the above case, the difference between the SA law and the US law has been described here:

http://contributors.pressherald.com/...n-and-u-s-law/


However, this part is a bit confusing:

The judge could find Pistorius guilty of murder, of a lesser homicide charge, or acquit him all together. Whatever verdict she reaches, South Africa does have double jeopardy protection and so Pistorius can't be tried again for the same crime once a verdict is returned.


TIA
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  #259  
Old 04.12.2015, 14:31
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Re: Oscar Pistorius arrested

Seems justice has prevailed - Pistorius is guilty of murder.

Actually I don`t understand it either (this verdict after the first) - but the original judgement has now been over ruled. He will serve 15 years in prison.
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Old 04.12.2015, 16:15
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Re: Oscar Pistorius arrested

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Seems justice has prevailed - Pistorius is guilty of murder.

Actually I don`t understand it either (this verdict after the first) - but the original judgement has now been over ruled. He will serve 15 years in prison.
Not necessarily, he hasn't been sentenced yet.

"The minimum sentence for murder in South Africa is 15 years, but judges can apply some discretion."

http://www.bbc.com/news/world-africa-34993002
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