Oscar Pistorius
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Re: Oscar Pistorius
It's nearly "that time" - Thursday I believe.
Wonder if months with two pencils up his nostrils has convinced anyone he's a fcuking nutter?
Wonder if months with two pencils up his nostrils has convinced anyone he's a fcuking nutter?
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Re: Oscar Pistorius
I can't see beyond a 'Guilty of premeditated murder' verdict....minimum of 25 years, he would deserve every day too.
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Re: Oscar Pistorius
It not being a jury trial, I agree. If it was then his fame could well have swayed it.
Not advocating mass-murder as an entirely positive experience, of course, but it had its moments.
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Re: Oscar Pistorius
Thee judge is summing up her take on the evidence right now. Early days but at a guess she'll be looking at guilt on one step below premeditated murder, and one step above manslaughter (culpable homicide).
Apparently it's not uncommon there for richer folk to get in a claim in that they are seriously unwell and in danger of self-harming if kept in jail, and so need gentler, hospital treatment in soft institutions from which, once declared well after a quite short period, you may find yourself released. It's far from uncommon then that people go on to be quite the celebrity and book, TV & 'celebrity' deals follow. I know nothing more but was reading about that yesterday. If it's correct I think we can anticipate hat will happen.
Obviously appeals etc. if he is found guilty, which could take an age, but here, for this level of crime, I think you'd normally do that from behind bars, unless I'm greatly mistaken.Common-law murder
"Unlawfully intended to kill in the heat of the moment but without "malice aforethought"."
Either: Shot door intending to kill, or knew someone might be killed and still fired gun
Minimum of 15 years up to 20 years, at judge's discretion
Apparently it's not uncommon there for richer folk to get in a claim in that they are seriously unwell and in danger of self-harming if kept in jail, and so need gentler, hospital treatment in soft institutions from which, once declared well after a quite short period, you may find yourself released. It's far from uncommon then that people go on to be quite the celebrity and book, TV & 'celebrity' deals follow. I know nothing more but was reading about that yesterday. If it's correct I think we can anticipate hat will happen.
Not advocating mass-murder as an entirely positive experience, of course, but it had its moments.
"I understand you are a very good footballer" ... "I try".
"I understand you are a very good footballer" ... "I try".
Re: Oscar Pistorius
"How could the accused have reasonably foreseen the shot he fired would have killed the deceased? Clearly he did not subjectively foresee this, that he would have killed the person behind the door, let alone the deceased," says Judge Masipa.
What. The. feck?
What. The. feck?
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Re: Oscar Pistorius
He will get manslaughter.. not a chance he is walking out a free man.
Re: Oscar Pistorius
Of course, sorry I meant relatively get away with it.ChrisC wrote:He will get manslaughter.. not a chance he is walking out a free man.
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Re: Oscar Pistorius
Clearly he killed someone. I'm pretty certain he admitted to that.
I don't think there's enough evidence to prove premeditated murder (the only other witness to prove this beyond reasonable doubt being dead).
He'll get something, but it'll probably hover somewhere around manslaughter. I don't see how the evidence presented can "prove" much more? (Regardless of what we feel to be obvious).
I don't think there's enough evidence to prove premeditated murder (the only other witness to prove this beyond reasonable doubt being dead).
He'll get something, but it'll probably hover somewhere around manslaughter. I don't see how the evidence presented can "prove" much more? (Regardless of what we feel to be obvious).
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Re: Oscar Pistorius
LeverEnd wrote:Of course, sorry I meant relatively get away with it.ChrisC wrote:He will get manslaughter.. not a chance he is walking out a free man.
To recap: Judge Thokozile Masipa has now dismissed all the possible murder charges in the Oscar Pistorius trial. The only two remaining charges are either culpable homicide or acquittal.
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Re: Oscar Pistorius
What does culpable homicide entail then?
You can judge the whole world on the sparkle that you think it lacks.
Yes, you can stare into the abyss, but it's staring right back.
Yes, you can stare into the abyss, but it's staring right back.
Re: Oscar Pistorius
Killing someone by accident I suppose. Not entirely sure though.Lord Kangana wrote:What does culpable homicide entail then?
Apparently the sentencing is flexible, presumably depending on how culpable she thinks he was and to what extent it could have been avoided.
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Re: Oscar Pistorius
I think it is like manslaughter but with added 'fire your gun 4 times through a door and you're probably going to hurt someone pretty bad, so not your average oops'.LeverEnd wrote:Killing someone by accident I suppose. Not entirely sure though.Lord Kangana wrote:What does culpable homicide entail then?
Apparently the sentencing is flexible, presumably depending on how culpable she thinks he was and to what extent it could have been avoided.
Re: Oscar Pistorius
What a waste of a day.. got a far as to say that he did use excessive force and then said we will stop here and proceed at 9.30am tomorrow. Its only half 1 woman!! get a full days graft in!
Pretty much confirms he will get manslaughter or similar anyway.
Pretty much confirms he will get manslaughter or similar anyway.
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Re: Oscar Pistorius
Surely that is murder then...i have no doubt the Prosecution Counsel will be lodging an appealAbdoulaye's Twin wrote:I think it is like manslaughter but with added 'fire your gun 4 times through a door and you're probably going to hurt someone pretty bad, so not your average oops'.LeverEnd wrote:Killing someone by accident I suppose. Not entirely sure though.Lord Kangana wrote:What does culpable homicide entail then?
Apparently the sentencing is flexible, presumably depending on how culpable she thinks he was and to what extent it could have been avoided.
The Voice Of Reason
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Re: Oscar Pistorius
No, it is not necessarily murder. In South Africa causation is examined.Salford Trotter wrote:Surely that is murder then...i have no doubt the Prosecution Counsel will be lodging an appealAbdoulaye's Twin wrote:I think it is like manslaughter but with added 'fire your gun 4 times through a door and you're probably going to hurt someone pretty bad, so not your average oops'.LeverEnd wrote:Killing someone by accident I suppose. Not entirely sure though.Lord Kangana wrote:What does culpable homicide entail then?
Apparently the sentencing is flexible, presumably depending on how culpable she thinks he was and to what extent it could have been avoided.
Crimes of consequence should be distinguished from crimes of circumstance:
A crime of circumstance is one in which it is the situation which is criminal (like the mere possession of an offensive weapon), rather than any result (like murder) which flows from the situation.
A crime of consequence, or a “materially-defined crime,” is one in which the conduct itself is not criminal, but in which the result of that conduct is. It is not unlawful merely to throw a stone; if it is thrown at and hits a person, it is. The precise nature of the crime, furthermore, is contingent on the result: If the stone causes serious injury, the crime will be grievous bodily harm; if it kills a person, the crime could be murder or culpable homicide.
Causation is not a general element of liability.Causation describes the way in which the definitional elements of some crimes are met.
In all consequence crimes, the State bears the onus of proving, beyond a reasonable doubt, that there is a sufficient link between the accused’s initial conduct and the prohibited consequence. If there is no causal link, or if the link is too tenuous, the accused will not be guilty of the crime, although he may perhaps be guilty of an attempt to commit that crime, or of some other offence.
"If you cannot answer a man's argument, all it not lost; you can still call him vile names. " Elbert Hubbard.
Re: Oscar Pistorius
As long as he serves a decent term I think they will let it go. They just want a tick against the box that says convicted/case closed.Salford Trotter wrote:Surely that is murder then...i have no doubt the Prosecution Counsel will be lodging an appealAbdoulaye's Twin wrote:I think it is like manslaughter but with added 'fire your gun 4 times through a door and you're probably going to hurt someone pretty bad, so not your average oops'.LeverEnd wrote:Killing someone by accident I suppose. Not entirely sure though.Lord Kangana wrote:What does culpable homicide entail then?
Apparently the sentencing is flexible, presumably depending on how culpable she thinks he was and to what extent it could have been avoided.
Re: Oscar Pistorius
Just shows what a load of bollox the sacred law can be!
Re: Oscar Pistorius
What a circus though, according to the news this morning sentencing may be delayed 'for a couple of weeks'. Get on with it FFS!
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Re: Oscar Pistorius
Money.
Amazing what it can do.
Nice to see justice is the same all around the world.
Amazing what it can do.
Nice to see justice is the same all around the world.
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