After the Pistorius case I cannot take Phelps seriously. Like Masipa, she does not understand dolus eventualis. How anyone can label her a law expert and how she can be a senior lecturer in criminal law at a university is beyond me.
You can hear her defending Masipa here:
Pity Tracey Stewart...
Since November 2016 he has been at Atteridgeville Correctional Centre according to this article:
https://www.news24.com/SouthAfrica/News/oscar-pistorius-transferred-to-different-prison-20161114
"The centre is used to accommodate offenders sentenced from 0 to 6 years and has rehabilitation and...
I know that quote from Carl has been posted on this forum before (from twitter), I didn't realise there was an actual clip of it. His attitude is reprehensible.
In this case for Oscar Pistorius it will be 50%.
There is provision in law that it must be 80% (or reduced to two-thirds if the sentencing court states so) if the murder meets certain requirements:
1) Planned or premeditated
2) Victim was a law enforcement officer or witness.
3) Rape and/or...
If you look at S v Adair Oliveira the accepted facts of the cases are somewhat similar. Both murders fired multiple shots at someone who they thought was an intruder. Oliveira was originally sentenced to 12 years jail but that was reduced to 8 years on appeal to the SCA.
This is why I think...
Come April, what happens if we have not heard anything from the Constitutional Court? I assume the DT will submit an application to adjourn the sentencing hearing to a later date?
BIB - Can you prove that statement ? The reality is, that it is quite the opposite. Take a look at this video which was filmed a few days after the CH verdict.
https://youtu.be/Ma3t2QYH-jY?t=274
(starting at 4:34)
The lawyer mentions his surprise at the verdict and explains where he thinks...
I'm not too fussed about him remaining at his uncle's place during the appeals. At the end of the day, all of this dragging out is to his own detriment as the issue remains in the media and he is constantly staring down the barrel of an unknown amount of jail time and consequently cannot move on...
Even with a 10-year conviction, I believe he will only end up serving an extra 4 years. I believe he would be eligible for parole at 50% (i.e. 5 years) and with one year already served for CH that means only an extra 4 years. Does anyone know if I am right in my assessment ?
I also think that...
Do you think it will be for a long time? Based on the case "S v De Oliveira", I presume he will only get 8 years. Which I assume means only a 4 years of prison time (as someone can be parolled at the half-way mark) and with one year already served - this means he will spend a grand total of only...
I think the family are appealing because literally at all costs they do not want a "Pistorius" to be labeled a murderer. They have deep pockets and in the business circles in which they mix I can imagine that it would remove a lot of your prestige having a family member as a convicted murderer...
Case law disagrees with your definition of PPD because a genuine fear must be based on rational thought, otherwise any murderer could claim that they had a genuine fear and then be exempted from dolus based on PPD. This was mentioned in the SCA judgment:
"But as was pointed out in DeOliviera...
Exactly. I remember during the SCA appeal when Roux brought up his disability as an excuse for firing, one of the judges commented something to the effect of that they cannot just give a pass to every disabled person.
For me, it is pretty obvious that if the SCA judges did so they would have...
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