[Magdalen] Pistorius Trial.

Marion Thompson marionwhitevale at gmail.com
Sat Sep 13 08:31:54 PDT 2014


Here we have manslaughter.  I think this is what the South African judge 
will be sentencing on Oct. 13.
On 9/13/2014 11:11 AM, Sally Davies wrote:
> Good question...I don't think that it affects the murder charge as such.
> Intent can be formed minutes or seconds before the act, just as long as
> there's no doubt that the act was deliberate. If there were actual
> pre-meditation of the 'cold blooded' sort that would be an aggravating
> factor when it comes to sentencing.
>
> I definitely don't think Pistorius *planned* this, but I do think that
> intention was involved, in his confused defence he admitted as much (though
> trying to have it both ways by claiming that the firing of the gun just
> somehow happened).
>
> There has to be a difference in culpability between, say, that poor little
> girl who accidentally shot her instructor recently, and Oscar opening fire
> into a tiny cubicle, knowing that *someone* was in there.
>
> It's true that many South Africans head for Harvard to continue their
> studies, and quite a few are living in East Coast communities. Glad they
> are managing to make themselves understood!
>
> Sally D
>
> On Saturday, 13 September 2014, ME Michaud <michaudme at gmail.com> wrote:
>
>> Loads of South Africans hereabout, notably Margaret Marshall, former
>> Chief Justice of the Massachusetts Supreme Court, whose decision
>> in Goodridge is read at many weddings today.
>>
>> There seems to be a Harard/EDS-to-South Africa-and-back connection
>> that renders the accent very familiar to us here.
>>
>> Does South African law acknowledge the difference between intent and
>> pre-meditstion? People here do sometimes, judges here do ... usually.
>>
>> I have seen little of this on the news here, but was struck by how childish
>> his behavior was. We'd have called it  "bratty remorse."
>> -M
>>
>> On Saturday, September 13, 2014, Sally Davies <sally.davies at gmail.com
>> <javascript:;>>
>> wrote:
>>
>>> The problem is he was found not guilty of murder "dolus eventualis"; only
>>> on culpable homicide. That carries no minimum sentence, though Judge
>> Masipa
>>> does have the option of a heavy-ish jail sentence.  He knew what bullets
>> he
>>> had in the gun and in previous cases self defence hasn't been accepted as
>>> an excuse when using Black Talon ammo that literally explode when they
>> hit
>>> flesh, hence Reeva's terrible wounds. So why cut Oscar slack when he used
>>> them knowing what they do i.e. "zombie stopping"??
>>>
>>> I disagree with her on the facts as well - firstly that "relationships
>> are
>>> unpredictable"- the work of Gottman and others says they are in fact
>> highly
>>> predictable, just as human behaviour can be predictable in general,
>> though
>>> not 100%. Also, that the accused's remorseful behaviour after the
>> shooting
>>> indicates that he did not intend to
>>>



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