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-   -   Pistorius. Guilty or not? (https://britishexpats.com/forum/barbie-92/pistorius-guilty-not-830821/)

BadgeIsBack Apr 26th 2014 12:05 pm

Re: Pistorius. Guilty or not?
 

Originally Posted by Bernieboy (Post 11234516)
The first shot was lucky,he fired at her 'head',continued on when he knew she was falling,n got lucky again,2 shots killed her,enough said.

Absolutely - I don't think the prosecution can really prove that he adjusted his shot for her falling. It woud be hard for anyone.


Originally Posted by Beoz (Post 11234702)
I believe he will be done for culpable homicide with a lot of neglect. There's too much reasonable doubt to go with murder.

That's the point I've been making all along and it seems like you now agree. You have as much evidence as the judge so if your gut feels he committed murder but your head says manslaughter then run with the big organ at the top of your body.

The point about culpability along with negligence to say nothing of recklessness (a UK view) is the point I subscribe to as well. He was reckless in the act - (and has been proven negligent in the past).

Beoz Apr 26th 2014 12:14 pm

Re: Pistorius. Guilty or not?
 

Originally Posted by BadgeIsBack (Post 11235684)
Absolutely - I don't think the prosecution can really prove that he adjusted his shot for her falling. It woud be hard for anyone.

The point about culpability along with negligence to say nothing of recklessness (a UK view) is the point I subscribe to as well. He was reckless in the act - (and has been proven negligent in the past).

And that's a point. Previous history of being reckless suggests that is just what he is, rather than a murderer.

moneypenny20 Apr 26th 2014 9:28 pm

Re: Pistorius. Guilty or not?
 

Originally Posted by Beoz (Post 11235692)
And that's a point. Previous history of being reckless suggests that is just what he is, rather than a murderer.

But surely, purely by his recklessness in this respect, he put bullets in a live person who then died so he is a murderer? Regardless of whether he did it by accident or on purpose.

Beaverstate Apr 26th 2014 9:38 pm

Re: Pistorius. Guilty or not?
 

Originally Posted by Beoz (Post 11235692)
And that's a point. Previous history of being reckless suggests that is just what he is, rather than a murderer.

I have not been following this thread but have followed the story. Its damning when you fire 4 times "Accidentally" through a closed door. I also believe he was arguing/fighting with her. My opinion makes no difference and I have no vote, but even in the US he would be convicted of something. I believe its jealous filled rage murder.

Beoz Apr 26th 2014 10:27 pm

Re: Pistorius. Guilty or not?
 

Originally Posted by moneypenny20 (Post 11236049)
But surely, purely by his recklessness in this respect, he put bullets in a live person who then died so he is a murderer? Regardless of whether he did it by accident or on purpose.

I believe if it were an accident it would be the equivalent of manslaughter or culpuble homicide as its called in South Africa. But you have a point. He did intend to shoot something behind the door, but I believe his argument is self defense.

Beoz Apr 26th 2014 10:29 pm

Re: Pistorius. Guilty or not?
 

Originally Posted by Beaverstate (Post 11236059)
I have not been following this thread but have followed the story. Its damning when you fire 4 times "Accidentally" through a closed door. I also believe he was arguing/fighting with her. My opinion makes no difference and I have no vote, but even in the US he would be convicted of something. I believe its jealous filled rage murder.

He will be convicted. It just a matter of what. I don't think there's any suggestion that he accidently shot. Its a matter of who he thought he was shooting at.

Tegwyn Apr 27th 2014 1:21 am

Re: Pistorius. Guilty or not?
 

Originally Posted by Beoz (Post 11236101)
I believe if it were an accident it would be the equivalent of manslaughter or culpuble homicide as its called in South Africa. But you have a point. He did intend to shoot something behind the door, but I believe his argument is self defense.

Just how threatened are you to shoot someone FOUR times behind a locked door? Then you take a bat to smash open the door to open it so you can face the supposed threatening intruder! Would you not run thinking you have time to escape from the supposed threat.

paulry Apr 27th 2014 2:55 am

Re: Pistorius. Guilty or not?
 
http://i1325.photobucket.com/albums/...ps754985ec.jpg

Beoz Apr 27th 2014 8:55 am

Re: Pistorius. Guilty or not?
 

Originally Posted by Tegwyn (Post 11236269)
Just how threatened are you to shoot someone FOUR times behind a locked door? Then you take a bat to smash open the door to open it so you can face the supposed threatening intruder! Would you not run thinking you have time to escape from the supposed threat.

If I liked guns, had a history of being reckless, and only had a couple of stumps as legs, running may be no go. I don't know, wasn't there, anyhow, how does this prove murder?

paulry Apr 27th 2014 9:14 am

Re: Pistorius. Guilty or not?
 
It all seems to hinge on the push-pull of the two words: "reasonably believe" - Both for the defence who is claiming that Pistorius reasonably believed he was shooting intruders and the prosecution who is saying no-one can reasonably believe Pistorius' story.

Beoz Apr 27th 2014 9:37 am

Re: Pistorius. Guilty or not?
 

Originally Posted by paulry (Post 11236702)
It all seems to hinge on the push-pull of the two words: "reasonably believe" - Both for the defence who is claiming that Pistorius reasonably believed he was shooting intruders and the prosecution who is saying no-one can reasonably believe Pistorius' story.

Exactly. So then the prosecution needs to come up with a believable set of events. If they cannot then it can't be murder. It will just have to default back to culpable homicide one would think.

paulry Apr 27th 2014 10:11 am

Re: Pistorius. Guilty or not?
 

Originally Posted by Beoz (Post 11236724)
Exactly. So then the prosecution needs to come up with a believable set of events. If they cannot then it can't be murder. It will just have to default back to culpable homicide one would think.

I understand that the onus is more on the defence to convince their version of reasonable belief than it is on the prosecution to convince theirs

But nice to see that you're beginning to harmonise your opinions with mine :p

http://www.washingtontimes.com/news/...h-african-law/

Pistorious faces the challenge of convincing an experienced judge that he made an honest mistake in believing that he was firing at an intruder.
But even if Pistorious passes the subjective test of convincing the judge that his mistake was honest — that he personally believed he was firing at an intruder — and he is acquitted of murder, the Paralympic star must overcome a higher burden, the objective test of convincing the judge that his mistake was reasonable — one that an ordinary person would also make.

Beoz Apr 27th 2014 11:32 am

Re: Pistorius. Guilty or not?
 

Originally Posted by paulry (Post 11236772)
I understand that the onus is more on the defence to convince their version of reasonable belief than it is on the prosecution to convince theirs

But nice to see that you're beginning to harmonise your opinions with mine :p

http://www.washingtontimes.com/news/...h-african-law/

Hey what? You beginning to understand me .... right? ;)

moneypenny20 Apr 27th 2014 12:44 pm

Re: Pistorius. Guilty or not?
 

Originally Posted by Beoz (Post 11236673)
and only had a couple of stumps as legs, running may be no go. ?

Isn't that what he does for a living? ;)

Sally Redux Apr 27th 2014 3:12 pm

Re: Pistorius. Guilty or not?
 

Originally Posted by Beoz (Post 11236673)
If I liked guns, had a history of being reckless

Not sure that's a defence.


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