If the judge does grant Nel's request it will be interesting if OP retracts a lot of the statements that he made to Voster just so he can be out super quick .
He could say she was lying or misunderstood him
unless of course his defence team have told him mental instability is his best chance out of this in which case he will likely be there for the 30 days
On this subject is temporary insanity brought on by him being so over anxious likely to be the best outcome for him if the judge does believe his version ? Or would culpable homicide be best ?
If she doesn't believe him then it is only going to make a difference on sentencing ?
Okay...this is a big answer, sorry in advance.
The defence really doesn't want involuntary because the burden on them is so high and it is extremely difficult to prove. Its also not what they're putting forth - what they want the Court to believe is Oscar is more anxious and vulnerable than the hypothetical reasonable person and because of that, its reasonable he would shoot 4 bullets into a closed door killing a human being.
The defence is going to argue putative with 'special' factors - anxiety and vulnerability. They want Oscar 'ill' but not so ill it holds them to a higher burden.
There's a series of stages for determination. If the judge and assessors believe putative self-defence, they look first to murder, dolus eventualis. To determine intent - under dolus eventualis, its basically could Oscar foreesee the consequences and did he proceed anyway - the reasonable person test is applied.
If Oscar is acquitted of murder, then they look to CH, also using the reasonable person test to detetmine culpability.
If she doesn't believe his defence, and feels the State has proven intent, he will be convicted of murder. They'll start with dolus directus (did he intend to kill Reeva?) Sentencing, in theory and IIRC, could range from 15 years to 'life' (in practice roughly 25 years).
His disorder could be a mitigating circumstance, how much so is debatable. There are mandatory minimums but I believe in SA sentencing is mostly at the judge's discretion.
HTH and apologies - I'm not well known for brevity.
Please pardon errors as posted via Tapatalk with a less than stellar user.