Pistorius Saga Just Got Dafter.

[-Talbot-]

Good news
Judge Thokozile Masipa has enough doubt in her mind about the verdict she will let the prosecution go for a murder conviction against Pistorius.


Bad news
They can't appeal the sentence.

[ummmm]

Fit of rage murder imo.

[anotheoldgit]

http://www.bbc.co.uk/news/world-africa-30408424

[anotheoldgit]

ummmm

/// Fit of rage murder imo. ///

And you have enough experience of the legal technicalities of the case so as to come up with your conclusion then?

[-Talbot-]

If he is found guilty of murder will he still only serve the sentence handed down to him from Thokozile Masipa? (that can't happen...can it?)

Why did she review her own decision and basically decide she may have got it wrong?

[jno]

good judges always understand the possibility of error. I think she's been an exemplary judge.

[Retrochic]

Isn't 'fit of rage murder' a contradiction? I thought murder was premeditated?

[-Talbot-]

Some murders are not planned, Retro.

[Prudie]

'fit of rage' is that not the same as 'crime of passion' which I don't think exists in British law, it does/did in France at least and presumably elsewhere?

[ludwig]

It seems fair enough. She's allowing the verdict she arrived at to be put to the test in the appeal court.

If they disagree with her and conclude it was murder, there'll be a whole new sentence to fit that verdict. If they agree with her, the sentence will stand as it is.

[Zeuhl]

The difference is 'intent to kill'

I'm not sure how the Prosecutors plan to prove that 'beyond reasonable doubt' as there were no other witnesses and no conclusive forensics that he did other than fire wildly through a closed door.

[ludwig]

It could be argued that if you fire wildy through a closed door that you believe there's someone directly on the other side of, and you turn out to be correct, that constitutes murder, but I'm not familiar with the legalities or exact definitions.

I think it's good that the verdict will be re-examined by other judges.

[ludwig]

sorry, I meant to say // that constitues an intent to kill //

[Canary42]

////And you have enough experience of the legal technicalities of the case so as to come up with your conclusion then?////

Perhaps she read it in the Daily Mail

[ummmm]

Crime of passion....does it exist? I thought that was a scenario like coming home and finding your spouse in bed with someone else.

Retro....take the scenario of two people getting into a fight in a pub. One beats the other to a pulp in a prolonged attack until the other person dies. Is that murder?