The Student Room Group

Do you think Oscar Pistorius is guilty of premeditated murder?

Scroll to see replies

Original post by officelinebacker
Of course his story is convincing, he's a professional athlete, he's used to being under immense pressure, he won't have a problem keeping his cool under this kind of scrutiny. He also had a long time to think up a story after he shot her, before the police arrived.


I can't believe you're comparing someone running a race to being charged with the premeditated murder of their lover.
Original post by Seaton
I would do it out of habit, but that's due to having younger brothers/sisters that don't care about etiquette or aren't intelligent to recognise what a closed bathroom door signifies.

In a supposedly loving relationship...


Just because they were/are in a loving relationship doesn't mean that she wanted him to walk in on her in the bathroom.

I always lock the door anyway, regardless if I'm alone or not, just out of habit.
Original post by Crumpet1
There hasn't been anything said at the court about blood. The media may have made that part up.


possibly :tongue: surely he knew she was in the toilet, if he knew she was in the house why was he just shooting everything in sight? he must of realised that she would of been hiding somewhere. he's either guilty or incredibly stupid.

just saw your edit, fair enough, i'm just going by the news reports :tongue:
(edited 11 years ago)
Reply 43
I don't think it was premeditated because I think if it was premeditated you wouldn't do it in your own house and ring the ambulance because well he is rich and could probably pay someone to do it, unless he wanted to get caught but then he would just plead guilty. I don't know what premeditated means in South Africa, this is just my assumption.
If it was murder in a fit of anger or manslaughter is another matter. I think his argument is plausible even though his actions weren't very logical.
Original post by officelinebacker
Of course his story is convincing, he's a professional athlete, he's used to being under immense pressure, he won't have a problem keeping his cool under this kind of scrutiny. He also had a long time to think up a story after he shot her, before the police arrived.

Personally I think that there is one major detail which will be a big point in this case, and that is whether or not he had his legs on.

His story was that he didn't put his legs on after getting out of bed, while the prosecution say he did.

If he didn't then he is at least 18 inches shorter, and that kind of height difference will have a huge effect on the trajectory of the bullets, and it should be possible to tell what height they were fired from, which will show whether or not he was telling the truth about that detail. If it turns out he wasn't then it casts immense doubt on everything he has said, as a fairly major detail like that isn't something that you would ever expect to slip somebodies mind.


I'm sure that will be important. I expect a forensic artist or someone similar will be able to figure out very quickly (if they haven't already) whether or not he had his legs on. Although, if they find out he didn't have his legs on, I don't know why that makes his case any better (apart from showing that he isn't lying).

Original post by Elwyn
I always thought people peed when they died anyway :dontknow: Loss of voluntary sphincter control and all that.


I thought so too, but given that there was a lot of emphasis placed on the evidence today, I presume the pathologist must be able to tell the difference between someone who actually had an empty bladder when they died and someone whose bladder emptied after they died. Otherwise it would be taken as a given that her bladder was empty.

Original post by Seaton
Why would she have locked the door when going to the bathroom?


This is something I asked initially, only because I don't when I'm at home. But I suppose there are some people who do, out of habit perhaps. I think my Dad does actually.
Reply 45
Original post by firebolt
I don't think it was premeditated because I think if it was premeditated you wouldn't do it in your own house and ring the ambulance because well he is rich and could probably pay someone to do it, unless he wanted to get caught but then he would just plead guilty. I don't know what premeditated means in South Africa, this is just my assumption.
If it was murder in a fit of anger or manslaughter is another matter. I think his argument is plausible even though his actions weren't very logical.


Agreed. As premeditated murder plots go, this wouldn't exactly be top of your list of options for getting away with it, would it.
(edited 11 years ago)
Reply 46
If I was on the jury (well, if South Africa had a jury system) and I had to give a verdict right now, it'd be not guilty. I've got a reasonable doubt about the prosecutions version of events due to the strong defence that has been raised. There has been nothing to suggest a relationship breakdown; it is plausible that Oscar was afraid of burglars; when your fear starts acting up you don't really have time to think, so I believe a "shoot first, ask questions later" approach would be a common reaction.

In all honesty, the prosecution should drop the premeditated charge and go for something like manslaughter (or it's counterpart in SA), at least that way it'll be a question of law, rather than facts & law.
Technically it does count as pre meditated. If he had the gun on him,heard a noise and just shot without thinking. Fair enough, but he heard the noise, called out, then went to his bed, then got his gun and shot the door, which kinda counts as pre meditated as he had time to think and plan. Did he plan to kill his girlfriend? I don't know, but he did plan to kill whoever was behind the door.


Posted from TSR Mobile
Funny how many people voted guilty yet hardly any of them seem to be replying.
Reply 49
Original post by zaliack
If I was on the jury (well, if South Africa had a jury system) and I had to give a verdict right now, it'd be not guilty. I've got a reasonable doubt about the prosecutions version of events due to the strong defence that has been raised. There has been nothing to suggest a relationship breakdown; it is plausible that Oscar was afraid of burglars; when your fear starts acting up you don't really have time to think, so I believe a "shoot first, ask questions later" approach would be a common reaction.

In all honesty, the prosecution should drop the premeditated charge and go for something like manslaughter (or it's counterpart in SA), at least that way it'll be a question of law, rather than facts & law.


Completely agree Zaliack. The prosecution is seriously damaging its own credibility by pushing for the top-end charge in all the circumstances.

Mind you, I'm rather nervous for Pistorius if he gets bail - in his present state it's not unlikely he'd kill himself.
Reply 50
Original post by smudge_moon
Technically it does count as pre meditated. If he had the gun on him,heard a noise and just shot without thinking. Fair enough, but he heard the noise, called out, then went to his bed, then got his gun and shot the door, which kinda counts as pre meditated as he had time to think and plan. Did he plan to kill his girlfriend? I don't know, but he did plan to kill whoever was behind the door.


Posted from TSR Mobile


I'd say premeditation requires a substantial degree of planning, rather than just grabbing a gun and shooting. If premeditation is the same as intention, then why bother saying it's premeditated murder if murder requires the intention to kill?
We don't know all the facts, so we've got literally no idea. Also I personally don't know any SA law, it could be quite different to English law and it may be quite different; so there should have been a no idea option!
Original post by zaliack
If I was on the jury (well, if South Africa had a jury system) and I had to give a verdict right now, it'd be not guilty. I've got a reasonable doubt about the prosecutions version of events due to the strong defence that has been raised. There has been nothing to suggest a relationship breakdown; it is plausible that Oscar was afraid of burglars; when your fear starts acting up you don't really have time to think, so I believe a "shoot first, ask questions later" approach would be a common reaction.

In all honesty, the prosecution should drop the premeditated charge and go for something like manslaughter (or it's counterpart in SA), at least that way it'll be a question of law, rather than facts & law.


Great post. I'm struggling to believe his version of events but I'm also struggling with the prosecution's and they are the ones who have to convince you. Right now, I'm far from convinced.
If he knew his girlfriend was in the house somewhere, why was he just shooting everything in sight? surely he would of considered that it may of been her behind the door before shooting the door down. That's what i don't get...i'm on andrew harding's twitter and reading the posts, it's quite good.
Reply 54
Original post by ajh1990
We don't know all the facts, so we've got literally no idea. Also I personally don't know any SA law, it could be quite different to English law and it may be quite different; so there should have been a no idea option!


It won't be that much different to English law. When we colonised them, we thrust our legal system onto them as well.
Original post by zaliack
I'd say premeditation requires a substantial degree of planning, rather than just grabbing a gun and shooting. If premeditation is the same as intention, then why bother saying it's premeditated murder if murder requires the intention to kill?


according to the prosecutor it's still pre-med even if he thought it was a burglar.
Reply 56
Original post by Rascacielos
I was following the BBC reporter's twitter feed today. By the sounds of it, the defence did well today and the prosecution's argument was weakened quite significantly. Evidence from the post mortem was that her bladder was empty, consistent with her going to the toilet, so it's unlikely that she locked herself in there as a result of an argument. And from what reporters have said, his story was very convincing. Of course, he could just be a good liar, but from what I've heard so far, it sounds like the murder wasn't premeditated, even if it wasn't a complete mistake either.


Your bladder does empty when you die... I think once they bring the forensics in it will prove more. I think he did it. Early ballistics shows us he show down at the door indicating he was using his prosthetic legs.
Reply 57
Original post by deedee123
If he knew his girlfriend was in the house somewhere, why was he just shooting everything in sight? surely he would of considered that it may of been her behind the door before shooting the door down. That's what i don't get...i'm on andrew harding's twitter and reading the posts, it's quite good.


The thing that I'm trying to keep in mind is that I am awake, and not scared, and physically mobile, and it's daylight outside, and I don't live in a country with a sky-high murder rate. What I think is sensible rational behaviour in that set of circumstances, is not necessarily what might seem rational when all of those ingredients are taken away. I'm sure (even if what he is saying is true) Pistorius has asked himself a million times already why he acted so rashly. But if he is being truthful, what an horrific situation for him. This time last week he was happy and safe and successful and in love, and now his life is in ruins. All I can feel is pity for both of them.
Reply 58
Original post by deedee123
If he knew his girlfriend was in the house somewhere, why was he just shooting everything in sight? surely he would of considered that it may of been her behind the door before shooting the door down. That's what i don't get...i'm on andrew harding's twitter and reading the posts, it's quite good.


How many stupid things have you ever done when you're scared? We don't think straight when we are scared, so although his story seems implausible, we don't have the knowledge of ever having been in his exact circumstance.
Original post by zaliack
I'd say premeditation requires a substantial degree of planning, rather than just grabbing a gun and shooting. If premeditation is the same as intention, then why bother saying it's premeditated murder if murder requires the intention to kill?


You don't shoot into a small bathroom to scare someone, he intended to kill someone. He planned to kill, premeditated is also thinking how your more likely to kill that person, so by shooting where he did at the door he would have guessed that person was behind the door in that place, other than say near the bottom of the door where it would have shot and ankle or shooting the top of the door


Posted from TSR Mobile

Quick Reply

Latest

Trending

Trending