https://soundcloud.com/giles-9/lrt-defence-closing/s-RkoDP
Thank you so much for the links, Giles.
Edit: Not verbatim. A summary.
Legal Round Table Defence Closing: @ about 5:00
Attorney Marius du Toit says that Oscar should not be judged by the normal standards of a reasonable man. He says that not only is Oscar disabled, but his disability resulted in psychological issues like anxiety and vulnerability.
David O'Sullivan asks if he thinks that these traits should then be recognised as part and parcel of the reasonable disabled man.
Du Toit hesitates.
Over to Prof James Grant. He doesn't agree with Du Toit. He quotes case law and says that since the 1930's SA courts have time and time again refused to take disabilities and other subjective factors into account. It sounds unfair, but each and every subjective factor in a person's life can not be taken into account when he commits a crime. He says the 'reasonable man' definition exits for a reason - to protect society.
He later continues to say that if you take too many subjective factors into account you risk constructing a copy of the accused against which you'll measure his reasonability.
Michael Motsoeneng says you have to take certain subjective factors into account, otherwise it is not fair.
Prof Grant says he is correct that it is not fair, but it is the law.