Colonel Mustard: Last thread now closed: Comparing Oscar sentence with poaching rhinos for their horns.
I am an admirer of your posts, with the exception of this comment: #1451 "And, I understand, life without parole if you poach a rhino."
I do wish that people here, on twitter, and...
It's true that the state didn't commit to what the first set of sounds were.
a) They couldn't commit if they felt they had no basis for conjecture, and
b) It wasn't essential because it wasn't it wasn't part of the act of murder as far as the state was concerned. It could have been useful...
Thanks for your comment, jay-jay. I think that on the night he killed Reeva, Oscar did strike the door twice with a cricket bat. Vermeulen finds an impressive match. However in the previous incident, he struck the door with his fists, as I recall. Cassidy Taylor Memmory gives an interview of it...
Actually, in principle a cricket bat striking a wooden door could sound something like a distant gunshot IF the listener is not alert or astute. See http://www.mirror.co.uk/news/world-news/oscar-pistorius-trial-watch-alexander-3228570
At one time I thought that was the favoured candidate for...
:websleuther:
Thanks again Mr Fossil.
On the issue of forensics, as soon as the state had a statement from the Stipps about 2 sets of shots, they would have looked very carefully for any evidence of a second set, not the least to corroborate their witness's testimony.
Some trial watchers...
I think that's a really interesting idea, Mr F. I had wondered about that some time ago when I concluded that the second set of "shots" must have been the fatal bullets. So what were the first which sounded "the same"? And "if it quacks like a duck" etc. But I have such a visceral dislike of...
Yes, here is the link http://www.news24.com/SouthAfrica/Oscar_Pistorius/NPA-to-appeal-Oscar-sentencing-conviction-reports-20141027
Thank goodness for this. Apart from anything else, the courts need clarification on Masipa's Judgment. My personal feeling is that Masipa's conclusions on matters of...
It was actually I who tweeted to James Grant about Seekoei making Pistorius verdict a done deal. He may already have been working on it when I tweeted, as the article appeared the previous day. Here is the sequence on twitter.
Me "Nel cant appeal ....VERDICT A DONE DEAL...
It means that if Masipa were very clever, rather than its opposite, and she wanted the best outcome for Oscar, with the most difficulty in it being disturbed by an appeal from the state, this would be her chosen verdict. IN MY OPINION. Also imo it would have been a non-custodial sentence until...
oh my god, we are going full circle on this. Putative private defence should become as popular a defence to murder as a hanky is to a sneeze.
(reinstated comment which I earlier deleted, since my comment had been wittily replied to by pandax 81)
I will try. Obviously a defendant can appeal a verdict if wrongly convicted. It is more difficult for the state to appeal a verdict. There is obviously an issue of double jeopardy. However if a judge makes an error on a matter of law, the state can appeal.
But as the 1982 Seekoei case held...
The JFK assassination conspiracy: this is a little off-topic but I'll tie it back. Recent research by police detective Colin McLaren finds that there was a second shooter and there was a cover-up. But it was a Secret Service agent who fired the fatal shot BY ACCIDENT. It's an impressive piece of...
Thank you mr jitty! Quote is long but worth repeating in case anyone missed it. This is turning my head in!
But just before page 3327 from where you start, JM raises De Oliveira and the difference between private defence and putative private defence. The test for private defence is...
It's hard for me to comment because basically I get what you're saying, I even agree with you. But I think what Kelly Phelps et al are saying is understandable.
Oscar intentionally but not illegally shot at the person behind the door in putative private defence. He shot low so didn't intend to...
Can someone please explain to me how the ANC Women's League can appeal the sentence? And if they successfully appeal the sentence, not the verdict, it doesn't make it femicide. It makes it Culpable Homicide with a longer sentence. Thank you.
I agree with you that the court found that Oscar shot in putative self defence. It did not make a finding as to whether his mistaken beliefs were reasonable, but it did make a finding that he had those beliefs and they motivated his shooting, in other words, that his version was reasonably...
I've been thinking about why the Pistorius case matters so much to me.
It is because a man shot and killed his partner in a moment of rage and hubris, and now as far as the law is concerned, it didn't happen. DV is brushed under the carpet.
It is because a one-time hero has been...
I have a different theory about Culpable Homicide. And if Oscar gets a non-custodial sentence with a lifetime ban on owning firearms, it will be the icing on the cake. I thought this was on the cards for some time, but Nel was showing his talons in sentencing, so maybe Masipa daren't.
If...
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