Personally I think the trial judge was right that there was enough evidence for the jury to find intent to murder, though I think that's spur of the moment and not premeditated. But the court of appeal disagrees.
I have no idea what that purported comment from Professor Douglas is all about...
There is no doubt the trial judge was of the opinion there was enough evidence to prove intent ( likely spur of the moment intent) , but the court of appeal disagreed. I think the jury wanted to convict him of murder but struggled with finding evidence of intent. Hence their questions about...
Absolutely. And this manipulation of the crime scene is what will weigh heavily against him when it comes to sentencing.
At the end of the day it's about the punishment he gets for killing Allison and about the message it sends to the community about how society deals with intimate partner...
Unlawful killing comprises both manslaughter and murder. A lawful killing would be where the killer has a successful defence. GBC is a convicted killer, in terms of manslaughter as the appeal court decided the prosecution did not prove intent to murder or cause grevious bodily harm, either...
Only just now have I been able to load the page. Wow, I didn't see this coming. A few things to point out about the manslaughter verdict:-
He has been found responsible for unlawfully killing Allison, just without an intent proven.
He has admitted to nothing, he has never said anything other...
I just can't see how he can be granted bail. He is a convicted murderer and his sentence is likely to be greater than what he has already served so he will be sent to jail, of that there is no doubt surely. So all bail achieves is to give him the opportunity to flee. I also don't understand that...
Just catching up. Very happy with the decision of DE. Justice for Reeva and her family at last. I had thought there was no way the SCA could allow a precedent that you had to know the identity of someone in order to be guilty of their murder.
We knew Masipa got the law wrong and it must be a...
I think we will hear something very soon. I put the delay down to work load of the judges.
I am still confident they will dismiss the appeal. Circumstantial cases involve lots of pieces of evidence, which individually don't have to be proven beyond a reasonable doubt, but taken together as a...
Just catching up. I read the article as saying JE kept the guns at his house (Lawrence I presume) then panicked about them because the police were searching his house. Perhaps the police missed them in the first search? So he disposes of them then tells his son. His son encourages him to tell...
Hi everyone, i have been asked to advise on how the police can obtain a DNA sample from a suspect.
Here is a link to Western Australian law.
DNA samples
Police can take samples from people charged with, or suspected of, committing a serious offence that carries a statutory penalty of 12...
Hi Kiwijayne. We know from phone records that there were no calls from GBC, or Allison's mobiles phone or their home phone to anyone after a certain time in the early evening. I don't believe there is any evidence that anyone helped GBC in disposing of Allison.
I think this rumour is one of...
JCB you have set it all out better than I could.
It's definitely all about intent to kill and the defence appeal case is that hypothetically, even if they had a fight and she ended up dead, it was too big a leap for the jury to find an intent to kill because there was no evidence of intent...
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