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Pistorius re-convicted of murder?


Smith

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Posted

Wow, granted I don't know much about the South African legal system, but I am so glad I live in the American justice system - flaws and all. Regardless of what you think about the original charge, trial, etc. These words are concerning.

 

Leach said regardless of who might have been behind the door, Pistorius should have known someone could be killed if he fired.

"The identity of his victim is irrelevant to his guilt," the judge said.

Under the concept of "dolus eventualis" in South African law, a person can be convicted of murder if they foresaw the possibility of someone dying through their actions and went ahead anyway.

 

 

 So you are convicted of manslaughter in a jury trial. An appeal by the prosecutor is filed and a  5 Judge panel then reviews the case and convicts you (without a trial or jury) of 1st degree murder and that is final.  :ugh:   

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Posted

yeah, I don't think that was the outcome they were hoping for....

 

 

Given the prosecution filed the appeal, I'd say that's exactly the outcome they wanted.

 

 

I don't necessarily disagree with the statement above... he shot through a door and killed someone.  I'd say that would get you in front of a judge here too.  Know your target and what's beyond....

Posted

Given the prosecution filed the appeal, I'd say that's exactly the outcome they wanted.


I don't necessarily disagree with the statement above... he shot through a door and killed someone. I'd say that would get you in front of a judge here too. Know your target and what's beyond....


Yep that is how I have seen it from the beginning
Posted

Given the prosecution filed the appeal, I'd say that's exactly the outcome they wanted.

 

Oh, so it's very different there. I didn't know the prosecution could file an appeal. I assumed it was the defense filing it.

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