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Oscar Pistorius Trial

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I think the charge he is likely to get usually ends up with 7-15 years in prison.

 
Rumours are that the defence will go for house arrest if he is done culpable murder due to him being so famous in South Africa.

Cushy if that happens..

 
Just watching a Sky news reporter going through the house showing what happened, I had always though he shot through the bathroom door but he actually ran into the bathroom and shot through the door of a tiny toilet 'cubicle'. 

Absolutely mad that he didn't call in and announce he had a gun. Shooting into such a small area, he must have known he was going to kill whoever was in there. Lucky boy.

 
And so here we are...with the anticipated result of culpable homicide. It seems to me that there are only two issues left: first, whether the State will appeal that part of her Honour's decision on her application of dolus eventualis on the evidence presented to the court and in respect to the lesser common law murder charge & secondly, of course, the length of the custodial sentence that the accused receives from the court in respect to the culpable murder/manslaughter charge together with the other weapons charges.

On the possible appeal point (which the State would argue is an error of law and, therefore, appealable) the State would no doubt argue that her Honour was wrong in not drawing the inference beyond a reasonable doubt (rather than just the probability) that the accused actually considered the reasonable possibility that the person behind the toilet door could die from the shots fired into the toilet door and reckless to such a possibility, proceeded to shoot in any event. Given before the trial even commenced that it was reasonable to conclude on the evidence that the State would lose on the premeditated murder charge & given that it was also reasonable to conclude that the accused would no doubt be found guilty of the culpable homicide/manslaughter charge, the dolus eventualis aspect was, in a sense, the only real issue of any significance - at least to me. My view on the issue is that her Honour has applied SA precedent correctly on the cumulative facts presented and accepted by the court & that an appeal mounted by the State would fail. But it will be interesting to see whether an appeal on the issue does proceed.

On the sentencing aspect for the culpable homicide & other charges, no doubt the State will argue for a cumulative custodial sentence approaching the maximum - that being 15 years. The defence will of course seek to have a much lesser period given. As I have said previously, I would be very surprised if her Honour gave a custodial sentence of anything less than 10 years. As for home detention - that's a laugh: not from this Judge. 

 
Guilty of culpable homicide and discharging a firearm in public so far. I just can't see how he could've not known it was his girlfriend in their but there's no real evidence to prove he was aware.

Hoping he gets a 10+ year custodial sentence. If he gets a house arrest sentence he's got off incredibly lightly.

 
abigsmurf said:
I just can't see how he could've not known it was his girlfriend in their but there's no real evidence to prove he was aware.
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It does seem highly improbable. In any event, for the lesser murder charge & concerning dolus eventualis it doesn't matter that he didn't know who was in the toilet. This is why the legal expert commentators referenced by me above feel that her Honour asked herself the wrong question.

 
When do we hear how long he's going in the clink for? They cant still be dragging this out, can they ?

 
Sentacing is tomorrow. I reckon is going down for a long time.

 
Sadly, I don't. Up to judgement I was confident he'd be doing a 25 - life. The dude is just so guilty ....the fact he's gotten off with murder has effectively killed all my belief that he'll get any 'reasonable' punishment.

Also read his punishment could be as lenient as community service, or a brief house arrest stint.

The while thing stinks and I'm disappointed in the decision, especially for that poor family.

 
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Zola said:
Sadly, I don't. Up to judgement I was confident he'd be doing a 25 - life. The dude is just so guilty ....the fact he's gotten off with murder has effectively killed all my belief that he'll get any 'reasonable' punishment.

Also read his punishment could be as lenient as community service, or a brief house arrest stint.

The while thing stinks and I'm disappointed in the decision, especially for that poor family.
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The prosecution made the decision for the Judge, the burden of proof was on them, they didn't do enough. I agree he away with murder, I'm not sure how the SA legal system works but this is a second degree murder crime IMO. Bet the Judge was pissed off she had to let a murderer off because the prosecution's case left her no choice.
 
He could walk away with just a fine. I think he may do a little bit of jail time just to keep everyone happy but its clear that money talks and bullsh*t walks!

 
Uno said:
He could walk away with just a fine. I think he may do a little bit of jail time just to keep everyone happy but its clear that money talks and bullsh*t walks!
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When we consider our legal / criminal justice system in isolation, it's clearly not ideal. Comparing our system to the legal systems of most other countries makes one realise how lucky we are.

South African justice seems a joke.

 
Spudulike said:
South African justice seems a joke.
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Are you basing this based on speculation of him walking because of money ?

The prosecution failed, not the justice system.

Unless ofc you also think the American justice system is a joke because of OJ Simpson etc. 

I'm South African so excuse my bias :)

But that's also why so many south africans wanted him to get the worst sentence. He is just dragging our entire countries name through the mud no matter the outcome.

 
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You're right - the US Justice system is a joke (a greater proportion of US citizens is in prison than in any other country).

No offence intended to South Africa. :-)

 
Stim said:
I'm South African so excuse my bias :)

But that's also why so many south africans wanted him to get the worst sentence. He is just dragging our entire countries name through the mud no matter the outcome.
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Oh come on, don't be such a drama queen :-) I don't think all that many people will badmouth South Africa just because a well known South African athlete has shot his girlfriend. The man is not the country.

 
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