Recent content by Julian

These points are certainly worth repeating! My own feeling is that, having heard the closing arguments, we are basically where we started. I do not feel that pre-meditated murder has been proven (far from it, in fact). I do, however, believe that Pistorius could be convicted of murder, and...

I am fairly confident that Vorster was primarily called in to attempt to bolster the idea that Pistorius could not have murdered Reeva if he did not know it was her in the toilet. This has to do with the issue of intent. Remember: in South Africa, you can only be convicted of murder if you...

Well, today was a fairly interesting day in court, it must be said. For what it's worth, here's my take on proceedings. Thought it might help by giving an overview of sorts (copied, I must admit, from what I posted elsewhere). If not, I apologize! ________ Firstly, one might do well to...

Ah, good to read that. Just about to head to bed, and we're mostly in agreement! Ah well, tomorrow's another day, and all that. G'night. And thanks to Minor, especially.

Hmm, I suspect that's the same as "honestly". Thank you!

But that is, in effect, Pistorius's problem. You may well argue that he did, indeed, mean to pull to trigger. That is was a conscious decision. That, in other words, this is a case of putative self defense. The problem is, however, that in saying - many times, on the stand - that he "did not...

Minor, if you're still there - where does the term "reasonably possibly" come from? In South African law, I am aware of the term of someone believing something "honestly" - a gradient of the norm of subjectivity - but not that of believing something to be "reasonably possibly" true. Just...

I'm sure quite a few here have, yes... :)

Agreed. That was what I meant, you know :) And no, it doesn't change what I wrote...

I don't think it establishes anything except confusion. Pistorius clearly has been trying to do two things which, in his mind, are both advantageous, but which contradict each other. Now, it might well be that the judge will be lenient on him, and will indeed assume that his defense is that...

A provisional answer, from someone who's a lawyer in Holland, not South Africa (the two legal systems are akin to each other, but obviously not the same). Premeditated murder requires there to be some sort of moment where the murderer, not yet having embarked on the immediate actions which...

(BBM) The part in bold does not seem correct, Minor. In the scenario you envision, it's not a question of intent, but of unlawfulness*. If Pistorius shot thinking there was a burglar in the toilet and that he had to protect himself from that burglar, he shot with intent. That is not in...

Yes, he could. That is: murder, not culpable homicide. However, it wouldn't be premeditated murder, which is what the prosecution is arguing.

Alright. I have now read the article.... Again, Prof. De Vos's opinions are clear and do indeed shed considerable light on the case. Now: from a legal perspective, Pistorius's actions as a witness have been... well, problematic. He has seemed to contradict himself, and to do so not once, but...

Gosh! Just spent at least one and a half hours reading today's posts! It seems Dixon was, perhaps, not as favourable to Oscar Pistorius as he might have been, I gather... In any case, I do thank G.bng for the reference to De Vos's article. I'll read that in a moment...