Thursday, December 03, 2015

Pistorius Conviction – FULL TEXT Of The Supreme Court Of Appeal's Judgement


He wasted TWO lives: Oscar Pistorius was not in court for this hearing (Image source: BBC Africa Live)

The full text of this morning's judgement, which converted Oscar Pistorius' conviction from manslaughter to murder has now been made available online. It's quite long and technical, but here's a snippet from close to the end, explaining one of the legal arguments for the decision taken by the panel of judges in the appeal court:

"In the result, on count 1 in the indictment the accused ought to have been found guilty of murder on the basis that he had fired the fatal shots with criminal intent in the form of dolus eventualis.

BBC Africa Live report continues:
"As a result of the errors of law referred to, and on a proper appraisal of the facts, he ought to have been convicted not of culpable homicide on that count but of murder.

"In the interests of justice the conviction and the sentence imposed in respect thereof must be set aside and the conviction substituted with a conviction of the correct offence."

What is dolus eventualis? 
It's a South African legal term which refers to unintended but foreseeable murder, a lesser charge than "dolus directus", which refers to deliberate murder.

No comments: