Oscar Pistorius: The Appeal

MickeyD

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Supreme Court of Appeal - Bloemfontein

Tuesday: 3 November 2015

COURT A

5. Director of Public Prosecutions, Gauteng v Oscar Leonard Carl Pistorius - 96/2015 (GP)

Judges: Mpati P, Mhlantla JA, Leach JA, Majiedt JA, Baartman AJA


Mod note: Please refrain from personal attacks or trolling or casting aspersions on the Judges’ characters. Debate and argue the issues and be humble enough to acknowledge when your opinion is shown to be incorrect. If you want to cite law, provide the links, i.e. don’t make up your own laws.
 
Oscar Pistorius appeal to be heard in November

Johannesburg - The State’s appeal against former paralympic athlete Oscar Pistorius's culpable homicide conviction will be heard by the Supreme Court of Appeal in November.

In August, a judge would determine the exact November date.

Before then, the record of Pistorius’s trial and the State and defence’s heads of argument needed to be filed, court registrar Paul Myburgh said on Monday.

In March this year Judge Thokozile Masipa rejected the bid by Pistorious’s lawyers to stop the State from appealing her finding that Pistorius was guilty of culpable homicide. The State wants him convicted of the more serious charge of murder, which carries a heavier sentence.

Interpretation of the law

In December 2014, Masipa granted the State leave to appeal her culpable homicide conviction, saying it was based on her interpretation of the law. Appeals can be granted based on questions of law, not on the interpretation of the facts of the matter.

Masipa however dismissed the State’s application to appeal Pistorius’s 5-year-jail sentence.

On September 12, 2014, Pistorius was found guilty of culpable homicide for shooting dead his model and law-graduate girlfriend Reeva Steenkamp. He was found not guilty of murdering her. Masipa also found him guilty of discharging a firearm in a restaurant.

On October 21 that year, Masipa jailed him for five years for killing Steenkamp, and for three years, suspended for five, for the restaurant shooting.

He fired four shots through the locked door of the toilet in his Pretoria home on Valentine's Day 2013, apparently thinking Steenkamp was an intruder hiding inside.

Thomas Hartleb, News24

Source: http://www.news24.com/SouthAfrica/O...orius-appeal-to-be-heard-in-November-20150608
 
I hope the appeal fails. In my opinion, you cannot know how you might react if you were in the same position as Oscar being disabled and afraid of crime. Yes, he was hasty in shooting, but when terribly afraid that might be a reaction many people have. It reminds me of the rugby player who shot his daughter mistaking her for a car thief.

Rudi Visagie and his wife were asleep at home when his wife woke up shouting that someone was trying to steal their daughter’s car.

The car was moving out of the gate and Rudi Visagie took his firearm and shot at the car killing the suspected car thief who in fact was his daughter leaving to surprise her boyfriend for his birthday.

It was said that in terms of Section 49 of the Criminal Procedure Act it was only permissible to use a firearm when a life was threatened and that the Constitution determined that a life was more precious than property.

In the Visagie case I believe that there could have been a murder sentence or at least culpable homicide as the car was leaving the property so the Visagies were in no danger. Of course I agree that no charges be brought against the ex rugby player as it was such a terrible mistake.

I do not know why the same can not be said of Oscars case. There is no proof of intent. If it was for instance his sister or brother in the toilet we would not be having this case or discussion as it would have also most probably been deemed an unfortunate mistake.

The only reason they are gunning for him is that she was a beautiful young lady with her life ahead of her and because she was his girlfriend people automatically want to bring the mighty down and get their vengeance.

In my opinion it would be unfair to have different standards if the person who lost their life was a daughter instead of a girlfriend as this is exactly what is seems to be.
 
bekdik said:
@masu you make a lot of assumptions as to how others think
Click to expand...
The point is its a very reasonable possibility. One has to prove guilt beyond a reasonable doubt.
 
Xarog said:
The point is its a very reasonable possibility. One has to prove guilt beyond a reasonable doubt.
Click to expand...

I think the prosecution failed to ask Oscar some important questions so as to establish a reasonable man's test for how he behaved that night. They preferred to spend far too much time casting aspersions, while in the absences of evidence or eye witnesses it would have served better to give him a reasonable man test as part of the line of questioning.
 
bekdik said:
@masu you make a lot of assumptions as to how others think
Click to expand...

It's called "Reasonable Person"

This appeal will go no where. And here is the reason why:
If we forget fro a second that it was Reeva behind the door. He would not have been in jail or even found guilty of Culpable Homicide if it was indeed a burglar or armed assailant.

People are emotional because a young woman was shot. The judgement is correct.

Now we can all carry on with our lives.
 
Pitbull said:
. . .

This appeal will go no where. And here is the reason why:
If we forget fro a second that it was Reeva behind the door. He would not have been in jail or even found guilty of Culpable Homicide if it was indeed a burglar or armed assailant.

People are emotional because a young woman was shot. The judgement is correct.

...
Click to expand...

The judgement is correct? Then why would the judge who handed down the judgement grant the state leave to appeal ?

I'd advise to rather let the law run its course. The initial judgement set a bad precedent for people who might find themselves in similar situations in the future so rather let four judges deliberate it than give one judge the absolute decision on this case.
 
Judgement correct?
OP should have known that by firing 4 shots into a door he could have killed someone, that cannot be culpable Hom, how a sane person doesnt understand this is beyond me
 
#OscarPistorius Majiedt concerned with the way Masipa dealt with Mangena’s evidence… BB

That is a biggie
 
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