Alfresco

According to the following publication...

Oscar Pistorius: the verdicts the trial judge can reach - Telegraph

What do you think the outcome will be?

1. Guilty of premeditated murder (life)

2. Guilty of murder (iffy)

3. Guilty of culpable homicide (manslaughter)

4. Acquitted

5. Other charges

6. I live on the Gold Coast or elsewhere in the world, so don't care

7. Other

Beaverstate

I'm blocked from the Telegraph but my guess would be Guilty of murder.

This should be a poll.

Alfresco

It is a poll

Beaverstate

That part didn't load on my screen, I have scrolled up and voted

Alfresco

You're way toooooooooooooooo fast. Poll only gets added after the post. Refresh and try again.

Alfresco

FROM:

Oscar Pistorius: the verdicts the trial judge can reach - Telegraph

Oscar Pistorius trial: closing arguments - live
Oscar Pistorius is on trial for the premeditated murder of his girlfriend Reeva Steenkamp by shooting her four times through a locked lavatory door at his home in Pretoria. The state says he killed her after an argument; he says he believed she was an intruder.

Judge Thokozile Masipa, sitting without a jury, can either find the athlete guilty of murder, or of a lesser charge, or acquit him.

Here is a look at these possible options:


Guilty of premeditated murder: Judge Masipa finds Pistorius intended and planned to unlawfully kill Reeva Steenkamp or an intruder. Premeditated murder is largely brought for the purposes of bail, to allow for immediate custody, and sentencing, since it carries a mandatory life sentence. She might find that he had a row with Steenkamp and went to get his gun to shoot her, or that he heard what he thought was an intruder and decided in a fury to kill them.

Sentence:This charge carries a mandatory life imprisonment sentence, with a minimum term of 25 years before the convict is eligible for parole. It could be that the judge finds Pistorius guilty only of murder, only referring to premeditation at sentencing.


Guilty of murder: Judge Masipa finds that he intended to unlawfully kill Steenkamp or an intruder in the heat of the moment but without “malice aforethought”. She might consider that he was provoked, or that he already had the gun in his hand when an argument with Steenkamp was happening and fired in a rage. In all cases of murder, she will have to consider whether it was a case of dolus directus, that it was Pistorius's aim and objective to unlawfully kill Steenkamp, or dolus eventualis, that by shooting at the lavatory door, he foresaw the possibility that he might not be legally entitled to shoot the intruder he believed was inside, or that he foresaw the possibility that Steenkamp could be harmed but accepted the risk and did so anyway.
Sentence:Sentences can range from suspended to life but the judge has considerable discretion depending on what she believes happened, and will take into account ordinary sentencing considerations such as previous convictions, the level of remorse, the potential for rehabilitation and the likely effects of custody.

Guilty of culpable homicide (manslaughter): Judge Masipa finds there is a reasonable possibility that Pistorius did not intend to kill Steenkamp and thought he was tackling an intruder. But she finds his actions were negligent and not in keeping with those of a reasonable person who might, for example, have first checked where his girlfriend was, fired a warning shot at the lavatory door or established who the suspected intruder was and if they were armed. South African case law has it that the test of the reasonable person is not altered to take into account the attributes of the specific defendant, in this case physically disabled and possibly suffering from an anxiety disorder, but there is some debate among legal experts about whether Judge Masipa will decide to do so in this case.
Sentence:This is at the discretion of the judge. The maximum prison term is 15 years but convicts can also receive suspended and non-custodial sentences.

Acquitted: Judge Masipa finds that Pistorius genuinely acted out of a belief he was defending himself, even if he was wrong, and modifies the test of the reasonable person to take into account his specific circumstances, his fear of crime and his background.

Other charges: Pistorius also faces two charges of discharging firearms in public, once through the sunroof of a car, and once under the table in a crowded Johannesburg restaurant called Tasha's. Both charges, which he denies, carry a maximum five-year prison sentence.
He also denies a further charge of illegal possession of ammunition. Police found .38 bullets in a safe in his bedroom. He said they were his father's and he had no gun to fire them. This charge carries a maximum 15 year prison term.

Pollyana

I just read option number six. You sre now guilty of causing me to splutter cider all over my ipad

Alfresco

old.sparkles

made me giggle here - what a waste of cider

Alfresco

Unlikely.

Pollyana

Twas a mere splutter, the rest of the cider is safe......

Beaverstate

If the murdering bastard (opinion) gets off without jail, my opinion is that his temper may get the better of him at some point.

But he could never be as stupid as O J.

Beaverstate

Alcohol abuse is a serious offense.

Pollyana

I would never abuse alcohol.....well, except maybe gin, cos I can't stand the effin stuff.

moneypenny20

I feel I should have voted for option 6. You couldn't make it multiple choice could you?