Oscar Pistorius

[fred41]

Even if it wasn't an intentional killing, in many jurisdictions in the U.S. we have negligent homicide statutes. I don't know if they do in South Africa.

But I've seen a statute that defines criminal negligence as grossly deviating from the standard of care a reasonable person would show. And gross negligence which was really recklessness in disguise as, "consciously disregarding a known risk".

I think an argument can be made that he had a criminally culpable mindset even if it was not intentional (intent being defined as having knowledge of the facts and purpose to kill despite that knowledge).

Yes I know.He may well be found guilty of a lesser charge, as shown by a random article I googled (that shows why he may get off):
http://www.thedailybeast.com/article...ot-guilty.html

"Third, the judge might go with the lesser charge: Obviously the prosecutors and family of Reeva Steenkamp want Judge Masipa to return a verdict of guilty to premeditated murder, but she may also consider the lesser offense of culpable homicide. The lesser charge is akin to America’s manslaughter charge and holds the defendant accountable for the wrongful killing but eliminates the premeditation and intent aspect of the killing. Essentially, its negligent homicide. If Judge Masipa is convinced of some but not all of the prosecution’s evidence we could very well see her return this reduced verdict. Sentencing wise that would mean instead of serving the mandatory life sentence attached to a premeditated murder conviction, Pistorius would face 15 years in prison but could get a non-custodial sentence. Sentencing for culpable homicide is completely up to the judge’s discretion, which is another benefit for Pistorius."

[fred41]

Based on his in-court behavior,if the judge finds him guilty of the top count, better get a bunch of these ready:

[broncofan]

Yes I know.He may well be found guilty of a lesser charge, as shown by a random article I googled (that shows why he may get off):
http://www.thedailybeast.com/article...ot-guilty.html

Without having followed this case, I would guess the availability of a lesser charge would give a Judge a good incentive to convict on the lesser charge as a sort of cop-out. It is very difficult to test his story for veracity, although I understand he is being grilled on cross. I think he is probably guilty of murder, but I obviously don't know. Trial can be good at bringing out evidence, and testing assumptions, but short of him breaking down on the stand or having admitted why he did what he did to someone else, his precise intent will always be in some doubt; reasonable doubt, I don't know.

[Stavros]

I can't speak for America but I am not familiar.

I know this is something we take for granted in 2014 but Google Search sure makes life easier. I found this and read it. http://www.theweek.co.uk/world-news/...-african-trial

Give me your take, Stavros.

I think with these cases, you have to ask, why would someone who wants to get rid of their spouse do it in this way? We are asked to believe that Shrien Dewani, in a country he did not know, but which has a bad reputation for violence, would hire people he had never met before and whom he could not be sure were reliable, to kill his wife. It seems a risky thing to do and one with an uncertain outcome. There is an allegation he is gay and his wife found out, and though that might sound extreme an Asian man just yesterday was found guilty in Birmingham of murdering his wife because she found out he is gay. On the other hand, why would anyone visiting South Africa want to visit a township at night? Shrien says his wife wanted to see 'the real South Africa', and there is a vogue for 'slum tourism' in South Africa, but why at night? I can't be sure, but I think Shrien is being prosecuted in much the same way Amanda Knox and Raffaelle Sellecito have been prosecuted in Italy, because of the cultural aspect -the Italians involved decided there was a sex game in the Perugia apartment and everything was then made to fit in with this. The South Africans are embarrassed at the scale of crime in their country and don't want it to affect tourism, so when a tourist is involved, it must be his fault.

[gummi baer]

He fired four shots through a closed door. We'll guess that he didn't think the space on the other side was vacant. Could it have been a ten year old kid on the other side? Why not stop at three shots? two? one warning shot? Even if we buy that he didn't think it was his girlfriend, he certainly murdered somebody.

[Ben]

This murderer could be out in 10 months. Frightening.

Oscar Pistorius jailed for five years but ‘short’ sentence fiercely criticised
Outrage on social media as defence lawyers for disgraced Paralympian seek his release into house arrest after 10 months:
http://www.theguardian.com/world/201...led-five-years

[gaysian71]

It's a shame that he might get out that early. The way I see it is..

A: He knew it was his girlfriend in the bathroom and he wanted her dead so he shot her.

Or

B: he is such a chicken shit of a man that he will shoot through a door without even bothering to make she it's not his girlfriend in there.

One would think he would have at least kicked the door in to see who was there before shooting. Opps, my bad. He really can't kick anything with no legs. Well, then he should have at least knocked on the door first.
And they call him Blade Runner. lol. More like Stumps and Springs Runner.

[Veal Cutlet]

Since when does an intruder stop and use the bathroom in a bedroom where the house owners are sleeping and even flush the toilet? He is a liar he killed her if a fit of rage because Reeva wanted to leave him and he was upset about it. He is a lying piece of shit murderer.

And BTW those blades have spring to them which made him run faster than normal. Some Olympians were against him using those blades, he was a nice story but a fairytale at best!