British Expats - Pistorius. Guilty or not?

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Re: Pistorius. Guilty or not?

Quote:

Originally Posted by Swerv-o (Post 11238769)

It's not a matter of what is believed, it's a matter of what the prosecution can prove beyond all reasonable doubt. While his story is full of holes, it seems to be casting enough chaff to distract from the murder charge.

In my opinion, I think he's angling to get manslaughter (or the SA equivalent) with home detention rather than prison on the grounds of his disablement.

S

Or angling for manslaughter as its far better on your CV than murder.

Re: Pistorius. Guilty or not?

Quote:

Originally Posted by chris955 (Post 11238774)

I bet some people believe that exactly the case but as I say I think you would have to be part of the Pistorious family.

What about the judge? Do you reckon she should take a balanced view until the trial concludes, weigh up the evidence, and form an educated opinion based on that?

Or shall she take the Chris view on life?

Re: Pistorius. Guilty or not?

Quote:

Originally Posted by moneypenny20 (Post 11237329)

Not quite what I meant. If one kills someone, imo obviously, they have, in simple terms, become a murderer regardless of intent. Someone found guilty of manslaughter doesn't get described as a manslaughterer, they get described as a murderer.

In this case you are convicted of manslaughter or equivalent. Criminal justice systems allow that the motive or state of mind is different in this case, the classic motive and mens rea and the penalty is accorded as such. What people think is their counsel. If we based our society on what the average person thought we'd have a society full of Daily Mail individuals...having the right story around opening fire recklessly can certainly be manslaughter or equivalent.

I think you have to be careful: people have been found guilty of manslaughter due to recklessness but have not been considered murderers and have had public sympathy. Actually remember Lee Clegg...different scenario, different place...bad example almost certainly... Pistoruous has a right to use self defence as a defence...but it will carry only so far.

Quote:

Originally Posted by ededed (Post 11237445)

You can't shoot someone in SA unless your life is directly threatened - which means you can see the danger and you have no other option but to open fire. Completely against what happened in this case. Even if he knew that there was a murderer behind the door, he isn't allowed to shoot him until he can see him. That's the law, and he absolutely knew it.

He's a world-class athlete. He's used to managing stress, and being in very stressful situations. He's used to guns, and being around and firing them. The reasonable test suggests (but doesn't prove) that he knew exactly what he was doing.

As I said, he did not see his attacker and his case is weak ended... the criminal justice system will carry out due process...

Re: Pistorius. Guilty or not?

Quote:

Originally Posted by Beoz (Post 11238778)

Or angling for manslaughter as its far better on your CV than murder.

Of course, and you get less time.
In some jurisdictions you escape the death penalty too.

Re: Pistorius. Guilty or not?

Quote:

Originally Posted by BadgeIsBack (Post 11239218)

Of course, and you get less time.
In some jurisdictions you escape the death penalty too.

There is no death penalty in South Africa. However, the jail system for a man like Pistorius will most likely be one.

Re: Pistorius. Guilty or not?

But if Terreblanche can survive the SA'n prison system....

Re: Pistorius. Guilty or not?

Quote:

Originally Posted by paulry (Post 11249130)

But the devil made him do it....

Google malfunctioning today then?

Comments

DirtySanchez â€¢ 3 hours ago
I know Oscar personally, and I recall our childhood minster repeatedly pointing out incidences where the devil attempted to take control of him. When the devil took his legs, it was because he didn't want Oscar to succeed. Despite that, Oscar did, now the devil has returned to try and put him away... But he will not succeed. Not while Jesus Christ, our Lord and Saviour, has Oscar in his pocket. Go away, devil! Go away!

Re: Pistorius. Guilty or not?

Quote:

Originally Posted by paulry (Post 11249130)

But the devil made him do it....

The Hansie Cronje defence. When in doubt....

Re: Pistorius. Guilty or not?

Never a dull moment. http://www.cnn.com/2014/05/12/world/...storius-trial/ Now the lad is mentally unstable due to all that anxiety and stress. I agree somewhat, anger issues and trigger happy when the urge to resolve them arises. He needs a nice cage to keep him under control.:sneaky:

Re: Pistorius. Guilty or not?

Quote:

Originally Posted by Tegwyn (Post 11258014)

Good grief is it still going on? I thought it had finished weeks ago.

Re: Pistorius. Guilty or not?

His defence is clutching at straws now.

Re: Pistorius. Guilty or not?

Quote:

Originally Posted by moneypenny20 (Post 11258166)

Good grief is it still going on? I thought it had finished weeks ago.

It is South Africa you understand, justice, (whenever it actually happens) grinds very slowly, and there were a slew of public holidays in-between (like elections) that shuts everything down. If Oscar is put away for a month for this evaluation, everything screams to a halt for another month whilst they then haggle which expert has the right assessment. This may take quite a while.:zzz:

Re: Pistorius. Guilty or not?

Insanity clause?

He should have turned up with chopsticks up his nose with a white handkerchief on his head.....bleep!

Re: Pistorius. Guilty or not?

Quote:

Originally Posted by Tegwyn (Post 11258014)

Present anxiety and stress is quite different past accusations of anger and trigger happy.

Have you ever been up in front of a judge, convinced of your own innocence, with the cloud of prison hanging over you day in day out?

You should try it sometime, it aint pleasent, in fact its the pits. Stress and anxiety is an understatement.