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Pistorious (pg 26 - now charged with Murder)

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    In the reported testimony he says he screamed at the intruder before he fired any shots. I can't help thinking the girlfriend might have uttered something at some stage to alert him that she was in the bathroom having a pee.
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    Does anyone know if 'beyond reasonable doubt' is used the same in SA courts as Britain?

    SA Law is based on British law, so, i would expect.
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    The very best he can get is a manslaughter verdict and im sure that will have jail time------------in a RSA jail ! Death sentance.
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    Oj got off and with this brief Oscar has a good chance of getting off loads of people who are guilty get off . But with no jury it will harder for sure
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    Did he even call the police/ambulance?

    Unless i've missed something, it says that his brother and lawyer were there when the police arrived.
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    edited February 2013
    He had a 50 cal revolver, Jesus that's practically a hand cannon. Not saying it's relevant to the case or anything, just shows the kind of fear people must live in there, you don't use a 50 cal to wound someone.
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    Huskaris said:

    He had a 50 cal revolver, Jesus that's practically a hand cannon. Not saying it's relevant to the case or anything, just shows the kind of fear people must live in there, you don't use a 50 cal to wound someone.

    You probably don't shoot them 4 times if you're trying to wound them either.

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    Did he even call the police/ambulance?

    Unless i've missed something, it says that his brother and lawyer were there when the police arrived.

    He phoned the estate/premises manager & asked him to call the police. Don't know why. Perhaps no vehicles can gain access to the gated property, without authorisation.
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    I'm pretty sure the police/ambulance service wouldn't need authorisation to gain access though.

    And even so, his lawyer and brother were still there first.
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    edited February 2013

    I'm pretty sure the police/ambulance service wouldn't need authorisation to gain access though.

    And even so, his lawyer and brother were still there first.

    Hmm, do you think something fishy is going on ?
    Perhaps he's not telling the whole truth :-)
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    Quite possibly, i still have this feeling he's going to somehow get away with it though.
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    Can anybody clarify the difference between murder and pre-meditated murder. Is it a South African Judicial thing? Murder in UK law is pre-meditated.
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    First degree murder is planned before hand and then carried out later, while second degree (pre-meditated) murder is done, although intentionally, without really thinking about it (i.e. in the spur of the moment).

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    I thought pre-meditated meant you have planned it?
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    Sorry i got that the wrong way round, pre-meditated is first degree murder. So yes planned.
    2nd degree is spur of the moment.
    3rd degree is manslaughter.

    I think.
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    sam3110 said:

    I thought pre-meditated meant you have planned it?

    That's the impression I get from what the SA police are saying. However, my question really was do the South African's have different degrees of murder similar to the USA, or was this 'pre-meditated' term just a media bolt-on?

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    edited February 2013
    .
    sam3110 said:

    I thought pre-meditated meant you have planned it?

    I think it's more of a case of opportunity knocking; e.g. you see the hypothetical victim and the top of the stairs and shove them down. First degree murder would be where you buy the murder implement, get the victim somewhere and work out how to dispose of the body all before you act. Or so I understand it to be, I am no lawyer.
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    Sorry i got that the wrong way round, pre-meditated is first degree murder. So yes planned.
    2nd degree is spur of the moment.
    3rd degree is manslaughter.

    I think.

    We've moved on a bit from making her a reasonable offer then?
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    lol
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    Sorry i got that the wrong way round, pre-meditated is first degree murder. So yes planned.
    2nd degree is spur of the moment.
    3rd degree is manslaughter.

    I think.

    We've moved on a bit from making her a reasonable offer then?
    lol, don't get these threads mixed up Chris. Could be difficult to explain away:-)
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    That copper is music to oscars briefs ears . He will be on bail by Thursday afternoon
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    nolly said:

    That copper is music to oscars briefs ears . He will be on bail by Thursday afternoon

    If the case fell down on that cop's testimony, the question would always remain did Pistorious go free because he was innocent or because a good brief took apart a witness. Of course the actual trial won't be for months yet but the story won't go anywhere.
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    Of course mobile phone messages will be coming into this soon
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    Can't see how he didn't just assume a noise to be his girlfriend. And why would a burglar be in the bathroom?
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    nolly said:

    Of course mobile phone messages will be coming into this soon

    Sure it said today she had two phones in with her but hadn't used either that night.
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    edited February 2013
    No they will look at history of texts between them both regarding a motive things will come out on texts
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    Looking at the drawing/plan of the bedroom, he had to walk past the bed to get to the bathroom. And we're expected to believe he wouldn't have noticed she wasn't in the bed.

    Think he's going to get off though, same as OJ, police negligence will save him.
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    Regardless of the drugs and the arguing I am still stuck on how it's dark enough to not notice someone in bed with you but not too dark that you can't get out on the balcony, put your legs on, get a gun, get from one side of the room to another, etc.

    It's actually not that hard to not notice somebody is not in bed. When they are under the cover the only thing you would see is a small part of their face. It doesn't have to be that dark to not notice. If I got up in the night I would just assume my girlfriend was there. I probably wouldn't even look.
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    Regardless of the drugs and the arguing I am still stuck on how it's dark enough to not notice someone in bed with you but not too dark that you can't get out on the balcony, put your legs on, get a gun, get from one side of the room to another, etc.

    It's actually not that hard to not notice somebody is not in bed. When they are under the cover the only thing you would see is a small part of their face. It doesn't have to be that dark to not notice. If I got up in the night I would just assume my girlfriend was there. I probably wouldn't even look.
    If there was a noise though, surely the first thing you'd do is make sure it wasn't your girlfriend? Especially as he walked past the bed to reach the bathroom.
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