D-Day for Oscar: guilty or not?

Written by Tashi from the blog Tashi's TV on 11 Sep 2014
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So today's D-Day for Oscar Pistorius. A day in which Judge Masipa takes centre stage as the most famous person on TV.

Talk about pressure ... has she managed to sleep in the past few weeks? What does she think about as she dozes off?

She's in a strinickity situation because any decision she makes will have it's staunch critics. They say it could take her four days to deliver her verdict ... something like that ... I've never understood how judges manage to compile so much in their verdicts.

I imagine she'll spend a lot of time on Oscar's mental health and it's impact on the case - I haven't watched the court case closely but from what I've seen it's been the most dominant throughline of things. Will it impact on her verdict? Should it?

As for what her decision should be ... I believe he's guilty because he shot Reeva. Everyone knows it and he's admitted it. Whether he mistook her for an intruder or not is besides the point - he took a life when his life wasn't in danger.

I don't believe it was premeditated though - because of what we've seen of his previous outbursts, shooting the guns etc. This strongly suggests it happened in an explosion of rage in the moment.

Throughout proceedings I've been troubled by the fact that he hasn't been charged with shooting Reeva but with premeditated murder. What happens if he's found Not guilty of premeditated murder? Can he be sentenced for shooting her or will he go free?

I investigated and was relieved to discover he can be found guilty of culpable homicide (manslaughter) instead. If Judge Masipa finds there isn't enough evidence for premeditated murder then she could deliver a culpable homicide verdict instead. It has a lighter sentence than premeditated murder but at least it exists.

Here's an interesting story about the possible verdicts that could happen: Oscar Pistorius murder trial: the potential verdicts

If I were the judge my verdict would be: guilty of manslaughter. With a jail sentence for sure. I don't know exactly how long though ... need to sleep on it.

11 Comments

qaqamba
11 Sep 2014 15:35

My lady think Oscar is not guilty ,, court is adjourned .. will hear more 2morr,.

emufasa
12 Sep 2014 06:11

Law yah neh!!!

emufasa
12 Sep 2014 06:14

There's always a twist or technicality when judges pass a verdict on any case and this is no exception.

emufasa
12 Sep 2014 06:15

Now Dewani, the honeymoon murder should be smiling all the way to Cape Town.

Tashi
12 Sep 2014 10:23

I've slept on it and decided he needs to get a jail sentence of 10 years - minimum!!

Tashi
12 Sep 2014 11:06

Guilty of Manslaughter.

Now I'm thinking the sentence needs to be the full 15 years. If it's 10 years it's a bonus of five years - for what??

Tashi
12 Sep 2014 11:23

I thought 15 years was the maximum for Culpable Homicide but it isn't apparently - could be any number of years.

Mrs Chix
12 Sep 2014 11:49

Shame I am torn. I think he honestly didnt intent to kill her but anyways he did. So he has to jail time nomatter what. I will settle for 15years

qaqamba
12 Sep 2014 14:44

he will only stay 8 yrs, then out,

Tashi
12 Sep 2014 16:15

True qaqamba - then he'll sell the rights to the book and become a multi-millionairre.

I'm very unhappy about what culpable homicide means ...before the verdict I didn't realise it means the perpetrator didn't know they could kill someone when the incident happened.

I thought it meant taking a life without pre-planning it. It's impossible that anyone could wield a gun and not know they could kill someone!!

Tashi
15 Oct 2014 20:11

Busy watching an eNews wrap of today's sentencing in court and thinking ... Reeva Steenkamp's father has had two strokes after her death - surely Oscar should held accountable for that too!?? It'll be such a miscarriage of justice if he's given community service instead of a jail sentence!!

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