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  1. #61
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    Sep 2014
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    Up Nel's Arse
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    Re circumstantial evidence

    "None of it may be ignored ..."

    As i suspected Masipa is in for a hiding here - whatever way it ultimately goes.

  2. #62
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    As an aside - so great to get back to the expected levels of quality legal analysis !

  3. #63
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    Mar 2014
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    "foreseen a person behind the door...and reconciled himself. The conclusion of the trial court judge...not foreseen the possibility of that person's death occuring as he had not had the direct intent to kill... {shows that an} an incorrect test had been applied"

  4. #64
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    Karyn Maughan ‏@karynmaughan 8m8 minutes ago
    Leach dismisses Masipa's reasoning around dolus eventualis as "confusing" @eNCA

    Leach: what was required for court to determine was whether #OscarPistorius foresaw death of person behind door @eNCA

    Leach has found Masipa made serious errors of law in her ruling. That's what is required for this appeal to succeed. #OscarPistorius

    Leach dismisses defense's argument that state appeal was based on facts and not law @eNCA #OscarPistorius

  5. #65
    Join Date
    Mar 2014
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    459
    Further "fundamental error" of high court trial - dolus result was premised apon the person in the toilet was Reeva and that as the accused thought it was Reeva there was no intent to dolus. Leach is disagreeing with this bad logic.

    "this is know as intent of dolus in the intent of indeterminatus." (Harry Potter Spell)

  6. #66
    Join Date
    Jun 2014
    Posts
    528
    Lack of appreciation of relevant evidence. Failure to take into account Mangena's evidence. Toilet cubicle is extremely small. There was nowhere for deceased to hide. Bullets would cause devastating wounds. All of this was circumstantial evidence pertaining to foreseeability.

  7. #67
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    Apr 2014
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    Australia
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    First two questions are in favour of the State.

  8. #68
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    Sep 2014
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    Boom! Boom! Boom!

  9. #69
    Join Date
    Oct 2009
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    3,581
    Quote Originally Posted by K.T View Post



    "this is know as intent of dolus in the intent of indeterminatus." (Harry Potter Spell)
    RSBM

    @ Harry Potter Spell
    I can explain it to you, but I can't understand it for you.



    Anxiety is the cousin visiting from out of town that depression felt obligated to bring to the party.

  10. #70
    Join Date
    Jun 2014
    Posts
    528
    What should this court do? It would be wholly impractical to order a retrial. To make no further order is also undesirable, especially in crimes of violence.


  11. #71
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    Jun 2014
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    528
    Subjective foresight can be proved by inference. Is there any reason to think accused did not share common foresight?

  12. #72
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    Jun 2014
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    528
    The accused armed himself with a heavy calibre firearm...and fired four shots and never offered an acceptable explanation for doing do.

  13. #73
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    Nov 2011
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    No doubt that OP did foresee possible death when he shot.

  14. #74
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    Jun 2013
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    Barry Bateman ‏@barrybateman 6 Min.Vor 6 Minuten
    #OscarPistorius Leach: a retrial would be wholly impractical. BB

  15. #75
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    Jun 2013
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    Barry Bateman ‏@barrybateman 18 Sek.Vor 18 Sekunden
    #OscarPistorius Leach: I have no doubt that when firing the shots Pistorius must have foreseen whoever behind the door might be killed. BB

    Barry Bateman ‏@barrybateman 2 Min.Vor 2 Minuten
    #OscarPistorius Leach: it’s common sense that possible death of the person behind the door was an obvious result. More so firing 4 shots.

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