Pistorius trial

[la Fée Verte]

Of course, but I thought that could still count as manslaughter rather than murder, depending on the circumstances. Obviously he intended to kill someone.

[Calico]

I'm not remotely a legal expert, but my understanding is that manslaughter is causing a death without intending to and murder is when you really mean it. His claim that he didn't mean to kill Reeva/the intruder is what was under debate. And which is rather laughable when it involves firearms. You can hit or push someone in self defence, while struggling, say, and not intend to kill them but cause their death, but shooting is a different thing altogether.

[Livilla]

Of course, but I thought that could still count as manslaughter rather than murder, depending on the circumstances. Obviously he intended to kill someone.

(Under English law) you are guilty of murder if you intentionally kill someone, or do a dangerous act and are reckless as to whether or not that results in someone being killed. Anything less than that can only be manslaughter (so, accidentally discharging a gun while cleaning it, that kind of thing).

In Oscar's case, he may very well not have intended to kill whomever he thought it was in the toilet. But he fired four shots into a very confined case. Clearly that is behaviour that risks killing the person in there, and so under our legal system he would be considered reckless and thus liable for murder. It sounds like this is the analysis that the SA appellate court has now applied (which also seems entirely correct. Even if every word of his story is true, he is still technically guilty of murder, and that shoudl have been the initial verdict).

[Loralei]

I felt so strongly that the verdict of manslaughter was unjust, and that a year in prison was so inadequate that it must have rubbed salt into the wounds of the Steenkamp family; I hope they get some feeling of justice from this.

BBC News states that no more than five years can be served under house arrest, so trigger happy Pistorius is going back to jail.

[smalex]

He's got to hasn't he. 11 months in prison is ridiculous for murder.

I read somewhere it would be hard for him to appeal this, is that true? (general question, I've not presumed that Lora has become an expert on the South African criminal justice system :)) )

[Loralei]

His lawyers would have to show that the appelate court breached his human rights in order to win an appeal, so it's thought to be highly unlikely. And the minimum term for murder is 15 years. (Although I *am* an expert in South African criminal law, obviously :shifty:, this is all from the link up there :)).)

[Loralei]

I am really pleased about this. I know it doesn't bring Reeva Steenkamp back, but the original verdict just reinforced the fact that rich white men can do what they like to women and get away with little more than a slap on the wrist. Not only will he now serve more than a token amount of time in jail, but it means the end of his career as he'll be too old to compete when he gets out, plus sponsors are far less likely to want to be associated with someone who's been convicted of murder. (But I think he's a nasty, violent man who knew exactly who was behind the bathroom door.)

[smalex]

I know its ridiculous but I still feel so disappointed in him. He was a hero, an icon. He could have had the best life, and done so much good stuff for so many people. And he threw it all away in a split second of violent rage (and OBVIOUSLY, took away the life of someone with everything ahead of her).

[Topcat]

He is being let out on parole.

[Luna]

Ugh.

[Sky]

Disgusting. He should remain locked up for life.

[Cazza]

Hopefully to remain out of sight and not planning a book or getting his story out there.

Should never see the light of day.

[Marth]

How long has it been?

[Disco]

Is it 10 years since the trial? or perhaps since he killed her. Which is shocking it's that long ago.

I heard that her father has died.

I saw some text on the tv screen that he has to do some course to not attack women. :ella:

[sally maclennane]

How long has it been?

6.5 years I think. Nowhere near long enough.

[Marth]

How long has it been?

6.5 years I think. Nowhere near long enough.

Jesus.

[rosy]

Is it 10 years since the trial? or perhaps since he killed her. Which is shocking it's that long ago.

I heard that her father has died.

I saw some text on the tv screen that he has to do some course to not attack women. :ella:

Fucksake. What a terrible indictment on modern society that there even needs to be such a course.

[Lily]

Good lord - it feels a long time ago, but it really isn't. He got no time at all. Surely he should have got longer for lying about it?

[Sky]

I think it was 2013 he murdered her, on Valentine's day, or just before.

[Disco]

Yes, that's right.