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Pistorius Appeal- what should the verdict be? watch

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    As Pistorius' case goes to appeal in the South African Supreme Court, lawyers are discussing whether his sentence should be changed from culpable homicide (manslaughter) to murder. Common law murder, being different from premeditated murder, consists of 'intent' to kill, rather than pre-planned killing.

    Live updates from the BBC: http://www.bbc.co.uk/news/live/world-africa-34697545

    Do you think his sentence should be changed? Will his celebrity status change anything?
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    I guess the courts have to decide it he intended to kill her or not beyond reasonable doubt. I haven't been following this case in great detail, but given the lack of hard evidence I don't think we will ever truly know.
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    (Original post by Gingerbread101)
    Do you think his sentence should be changed? Will his celebrity status change anything?
    I think it is clear he deliberately fired through the door, knowing that his bullets were likely to hit whoever was in there, while believing that someone was in there (though possibly not believing it was his girlfriend - though that is irrelevant). He knew that bullets striking a person are highly likely to inflict serious harm or death, so he was engaged in attempted murder, and did, indeed, murder.

    The trial judge's decision was breathtakingly wrong, in my view.
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    I don't think the sentence will change. This is South Africa we are talking about, a corrupt nation falling deeper into turmoil every day.

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    I'm not a member of the jury.
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    (Original post by Unkempt_One)
    I'm not a member of the jury.
    Neither is anyone else; there isn't one.
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    (Original post by Good bloke)
    Neither is anyone else; there isn't one.
    Don't see how that changes my point.
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    (Original post by Unkempt_One)
    Don't see how that changes my point.
    I don't know what your point is (I think you may have forgotten to include it) but I didn't mean to imply that the information I supplied changed anything.
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    Don't know how he got out of bed to go check on 'suspicious noises' without verifying whether his girlfriend was still in bed with him or not.

    IMO murdered her.
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    (Original post by ByEeek)
    I guess the courts have to decide it he intended to kill her or not beyond reasonable doubt. I haven't been following this case in great detail, but given the lack of hard evidence I don't think we will ever truly know.
    The trial today is deciding whether the common law murder should be charged on the basis of shooting with intent to kill, or shooting with intent to kill her.
    I think originally the law was misinterpreted, and it should be irrelevant whether he meant to kill HER as there's hard evidence that she shot with the intent to kill whoever was behind that door
    (Original post by Good bloke)
    I think it is clear he deliberately fired through the door, knowing that his bullets were likely to hit whoever was in there, while believing that someone was in there (though possibly not believing it was his girlfriend - though that is irrelevant). He knew that bullets striking a person are highly likely to inflict serious harm or death, so he was engaged in attempted murder, and did, indeed, murder.

    The trial judge's decision was breathtakingly wrong, in my view.
    I agree completely
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    (Original post by Joinedup)
    Don't know how he got out of bed to go check on 'suspicious noises' without verifying whether his girlfriend was still in bed with him or not.

    IMO murdered her.
    Murder as in premeditated or murder as in with intent to kill?
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    (Original post by DiddyDec)
    I don't think the sentence will change. This is South Africa we are talking about, a corrupt nation falling deeper into turmoil every day.

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    One thing I did admire was the fact that the 5 judges were a mixture of black and white, male and female though
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    He should have his legs removed, and be forced to crawl on his belly for the rest of his life.

    All biblical 'n ****.
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    (Original post by Gingerbread101)
    One thing I did admire was the fact that the 5 judges were a mixture of black and white, male and female though
    You won't be seeing many if any white judges. If they have the money and value their safety they will have fled the country by now.

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    (Original post by Gingerbread101)
    Murder as in premeditated or murder as in with intent to kill?
    premeditated... cos his story makes no sense - no reasonable, or remotely functional person could have shot their girlfriend in that way.

    You wake up after hearing a funny noise that you're worried about and the first thing you do is check where your bed mate it...

    1. because 99% of the time it's going to be them making the noise - even in society with a lot of crime.

    2. because if you really think you're the victim of a home invasion you want to know whether they are safe

    3. because they can help you... e.g. "wake up Reeva, I heard something. you stay here and call the cops while I take the gun and investigate"

    they should be about 20-30 cm away from you so it's not going to take long to work out if they're still in bed or not.

    Before firing through a closed door you're going to wonder if in fact the house contains the same number of people it's supposed to. if you somehow forgot to check whether your girlfriend was in bed with you, this would be the time to verify who actually is on the toilet or take up a safe firing position so you can wait for the person to come out and then shoot them if they're not your girlfriend.
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    (Original post by DiddyDec)
    You won't be seeing many if any white judges. If they have the money and value their safety they will have fled the country by now.

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    Both Gerrie Nel and Barrie Roux are white, and 2 of the 5 Justices were also white
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    (Original post by Gingerbread101)
    Both Gerrie Nel and Barrie Roux are white, and 2 of the 5 Justices were also white
    I'm amazed they haven't left the country for their safety, but I'm sure they have the money for armed guards. South Africa is falling apart under the ANC and Zuma.
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    (Original post by DiddyDec)
    I'm amazed they haven't left the country for their safety, but I'm sure they have the money for armed guards. South Africa is falling apart under the ANC and Zuma.
    From watching the feeds, a lot of the solicitors and other people in the court were also white, I think the dangers might be more in some areas than others but the media feeds off the most extreme places
    (Original post by Joinedup)
    premeditated... cos his story makes no sense - no reasonable, or remotely functional person could have shot their girlfriend in that way.

    You wake up after hearing a funny noise that you're worried about and the first thing you do is check where your bed mate it...

    1. because 99% of the time it's going to be them making the noise - even in society with a lot of crime.

    2. because if you really think you're the victim of a home invasion you want to know whether they are safe

    3. because they can help you... e.g. "wake up Reeva, I heard something. you stay here and call the cops while I take the gun and investigate"

    they should be about 20-30 cm away from you so it's not going to take long to work out if they're still in bed or not.

    Before firing through a closed door you're going to wonder if in fact the house contains the same number of people it's supposed to. if you somehow forgot to check whether your girlfriend was in bed with you, this would be the time to verify who actually is on the toilet or take up a safe firing position so you can wait for the person to come out and then shoot them if they're not your girlfriend.
    The whole thing is so confusing, I can't help but wonder that too. However at this point, I think the best they're going to get is common law murder. It's such an odd case that there's not a lot of solid things for them to go by, and his celebrity status doesn't help
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    (Original post by Gingerbread101)
    From watching the feeds, a lot of the solicitors and other people in the court were also white, I think the dangers might be more in some areas than others but the media feeds off the most extreme places
    I don't get my information from the media in this case. I get it from my former boss and his family who have been forced to leave the country because of the violence.
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    (Original post by DiddyDec)
    I don't get my information from the media in this case. I get it from my former boss and his family who have been forced to leave the country because of the violence.
    I have family who live over there and they haven't said anything worrying about it, but we're getting off topic now
    (and I made a mistake before, it was one white Justice and the clerk was white too)
 
 
 
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