The crux of the appeal, by the state, revolved around the legal concept of dolus eventualis, or indirect intention – in layman’s terms, the question of whether Pistorius had foreseen the possibility that he might kill somebody when he fired four shots into the bathroom door.
The appeals court ruled that trial judge, Thokozile Masipa, had applied this concept incorrectly, saying that her ruling was “confusing in various respects”.
I couldnt understand the bit where
it was obvious that P intended to hurt otherwise you dont fine into a closed bog door
and so they said it wasnt murder when in English law it is
can anyone tell me if English law you now have to show an intention to murder or just an intention to hurt ?
The South African jurist in his fifteen minutes of fame has just bunged in constructive murder which has confused me
The jurist chilldo has just said it is tantamound to English Law with a smattering of Roman Dutch ( which is the common law system in the Netherlands before they imposed the Napoleonic code in 1806 )
oo-er
we may never know the answer !
South Africa’s supreme court of appeal has found Oscar Pistorius guilty of murdering his girlfriend, Reeva Steenkamp, overturning a previous conviction for culpable homicide.
The court has ordered the original trial judge in Pretoria to impose a harsher sentence. No date has been set for this hearing. The minimum sentence for murder is 15 years in prison.
Absolutely gobsmacked that they didn't find him guilty of murder in the first place, especially after that overlong trial !! Hope he goes to jail for a very long time.
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