Unsuccessful Attempts to Justify Judge Masipas Errors (Revised & Expanded)
In conclusion, we have seen several attempts to justify Masipas judgment, all of which seem to fail.
It does not make Masipas judgment right to pretend that her reasons were
reasons that would make her judgement right:
that she decided that
the accused had not accepted the risk of killing the deceased,
that she recognised putative private defence, or
that she found that the accused only intended to injure the intended target.
These were not her reasons and, however valid they may be, it doesnt help to pretend that they were her reasons.
It also doesnt help to attempt to justify the distortion of our law on dolus indeterminatus and dolus eventualis applied to error in objecto and the logical error made by Masipa.
The law on dolus indeterminatus and error in objecto is clear. Nominal/name identity is irrelevant for that very reason it cannot help the accused if he thought that it was B behind the door; nor can it help an accused who argues that he thought that it was not C. The identity of whoever was behind the door remains irrelevant and the indictment did not need to remind the judge that it is not relevant.
Finally, there is no reason to ignore this clear law (that nominal/name identity is irrelevant) just because the scenario triggers the rules relating to both error in objecto and putative private defence. There appears to be nothing to save us from the inevitable conclusion that Masipa made errors of law and errors of logic.
http://criminallawza.net/