jilly
Registered User
- Joined
- Apr 25, 2004
- Messages
- 7,989
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<modsnip>
Four shots through a closed door. This is what Oscar Pistorius will have to prove was a reasonable reaction to his alleged perceived fear that his life was in danger when he shot dead his girlfriend Reeva Steenkamp.
.......
“On the particular facts of this case (the Pistorius case) putative private self-defence has never been successful in a South African court where the accused fired through a closed door thinking his life was in danger. In this case the door was locked, so the intruder would have had to break down the door to enter the house.
“Subjectively he could have foreseen that his life was in danger, but that is not the test. The test is, if that subjective belief was objectively reasonable and if he could have taken other preventative steps.
“The law is quite clear. If you can escape the imminent danger without putting your life in danger you have to do it. If you kill a person it must be in such severe circumstances that there’s virtually no other way open to protect your life.”.....
Good article to read: http://citizen.co.za/129328/reasonable-reaction/
Four shots through a closed door. This is what Oscar Pistorius will have to prove was a reasonable reaction to his alleged perceived fear that his life was in danger when he shot dead his girlfriend Reeva Steenkamp.
.......
“On the particular facts of this case (the Pistorius case) putative private self-defence has never been successful in a South African court where the accused fired through a closed door thinking his life was in danger. In this case the door was locked, so the intruder would have had to break down the door to enter the house.
“Subjectively he could have foreseen that his life was in danger, but that is not the test. The test is, if that subjective belief was objectively reasonable and if he could have taken other preventative steps.
“The law is quite clear. If you can escape the imminent danger without putting your life in danger you have to do it. If you kill a person it must be in such severe circumstances that there’s virtually no other way open to protect your life.”.....
Good article to read: http://citizen.co.za/129328/reasonable-reaction/