webfact Posted December 3, 2015 Share Posted December 3, 2015 Oscar Pistorius found guilty of murderNetwork Writers and WiresNews Corp AustraliaSOUTH Africa’s Supreme Court of Appeal has found Oscar Pistorius guilty of murder, accepting the state’s appeal to change the previous culpable homicide verdict.Judge Leach overturned the previous Supreme Court conviction of culpable manslaughter.He found Judge Masipa had made legal “errors” but said she conducted the trial with “dignity and patience”.Pistorius, who is currently living under house arrest, must return for sentencing.Full story: http://www.news.com.au/world/africa/oscar-pistorius-escapes-murder-charge/news-story/26c3d3436fd179b0190396dd1b4f8fb8-- News.com.au 2015-12-03 Link to comment Share on other sites More sharing options...
BKKBrit Posted December 3, 2015 Share Posted December 3, 2015 Great news. What a farce the original trial was. Link to comment Share on other sites More sharing options...
NeilSA1 Posted December 3, 2015 Share Posted December 3, 2015 Well done. Justice at last! Link to comment Share on other sites More sharing options...
Seastallion Posted December 3, 2015 Share Posted December 3, 2015 Wow! Great to see justice prevail. Now we just have to see a reasonable conviction in a normal prison. I guess his defence team will argue for special conditions.....hmmm, I'm in two minds about that, but I suppose I wouldn't object, purely from a prison population POV and the nastiness that can happen. A legless man is obviously in greater danger. Link to comment Share on other sites More sharing options...
webfact Posted December 3, 2015 Author Share Posted December 3, 2015 South African appeals court convicts Pistorius of murderCHRISTOPHER TORCHIA, Associated PressJOHANNESBURG (AP) — A South African appeals court on Thursday convicted Oscar Pistorius of murder, overturning a lower court's conviction of the double-amputee Olympian on the lesser charge of manslaughter for shooting girlfriend Reeva Steenkamp to death in 2013.Justice Lorimer Eric Leach of the Supreme Court of Appeal delivered the ruling by the five-judge appeals court in Bloemfontein and directed the trial court, the North Gauteng High Court, to impose sentence."The accused ought to have been found guilty of murder," Leach said to the courtroom, in which Steenkamp's mother sat.A 15-year prison sentence is the minimum punishment for murder in South Africa. However, the law allows for a lesser sentence to be imposed in exceptional circumstances.Pistorius was placed under house arrest in October after serving one year in prison. He had been sentenced to five years in prison for manslaughter. His lawyers can also argue that he should be shown leniency because he is disabled.Pistorius, 29, killed Steenkamp in the early morning of Valentine's Day. He insisted he thought she was an intruder behind the door of a toilet cubicle in his home. The prosecution said Pistorius shot Steenkamp during an argument.Leach said regardless of who might have been behind the door, Pistorius should have known someone could be killed if he fired."The identity of his victim is irrelevant to his guilt," the judge said.Under the concept of "dolus eventualis" in South African law, a person can be convicted of murder if they foresaw the possibility of someone dying through their actions and went ahead anyway.Reeva Steenkamp's mother, June, sat quietly in the courtroom during the announcement, which was carried on TV. Pistorius was not there.Pistorius, a multiple Paralympic champion, became one of the world's most famous athletes and the first amputee to run at the Olympics and the able-bodied world championships. He was known as "Blade Runner" for his carbon-fiber running blades-- (c) Associated Press 2015-12-03 Link to comment Share on other sites More sharing options...
SgtRock Posted December 3, 2015 Share Posted December 3, 2015 Get back in the slammer you murdering POS. Link to comment Share on other sites More sharing options...
SpokaneAl Posted December 3, 2015 Share Posted December 3, 2015 These rulings seem so odd to me, as an American, where this would be considered double jeopardy. Link to comment Share on other sites More sharing options...
mahjongguy Posted December 3, 2015 Share Posted December 3, 2015 "These rulings seem so odd to me, as an American, where this would be considered double jeopardy." It does seem odd but remember that SA and other countries don't have trial by jury. America's double jeopardy statutes, basically the prosecution's inability to appeal a verdict of not guilty, prevents judges from nullifying a jury ruling. Link to comment Share on other sites More sharing options...
Cynical Sailor Posted December 3, 2015 Share Posted December 3, 2015 These rulings seem so odd to me, as an American, where this would be considered double jeopardy. This is an appeal by the Prosecution against the original verdict. He isn't being retried. I presume the USA has an appeal process to a higher court too. Link to comment Share on other sites More sharing options...
samuibeachcomber Posted December 3, 2015 Share Posted December 3, 2015 These rulings seem so odd to me, as an American, where this would be considered double jeopardy. south african legal procedures are kinda weird Link to comment Share on other sites More sharing options...
samuibeachcomber Posted December 3, 2015 Share Posted December 3, 2015 I blame the original judge.in SA law there's never a jury,a jury would surely have convicted. Link to comment Share on other sites More sharing options...
Just1Voice Posted December 3, 2015 Share Posted December 3, 2015 These rulings seem so odd to me, as an American, where this would be considered double jeopardy. No, it would not be Double Jeopardy. The Prosecution appealed the original court's sentence, which is also allowed in U.S. courts. The Appeal's Court then overruled the lower courts decision, and passed their own sentence of Murder, overturning the Culpable Manslaughter conviction. All perfectly legal. Link to comment Share on other sites More sharing options...
OMGImInPattaya Posted December 3, 2015 Share Posted December 3, 2015 Best news of the day...minimum 15 year jail sentence. Link to comment Share on other sites More sharing options...
chiang mai Posted December 3, 2015 Share Posted December 3, 2015 These rulings seem so odd to me, as an American, where this would be considered double jeopardy. An appeal to the Supreme Court is part of the original case, it's not a retrial hence it's not double jeopardy. Link to comment Share on other sites More sharing options...
OMGImInPattaya Posted December 3, 2015 Share Posted December 3, 2015 These rulings seem so odd to me, as an American, where this would be considered double jeopardy. No, it would not be Double Jeopardy. The Prosecution appealed the original court's sentence, which is also allowed in U.S. courts. The Appeal's Court then overruled the lower courts decision, and passed their own sentence of Murder, overturning the Culpable Manslaughter conviction. All perfectly legal. I don't know anything about South African criminal procedure but in the United States, only the defense can appeal a verdict/sentence. Link to comment Share on other sites More sharing options...
chiang mai Posted December 3, 2015 Share Posted December 3, 2015 Research the term, double jeopardy refers to a second trial for the same offense, the Supreme Court review is simply an extension of the original case. Link to comment Share on other sites More sharing options...
SpokaneAl Posted December 3, 2015 Share Posted December 3, 2015 Research the term, double jeopardy refers to a second trial for the same offense, the Supreme Court review is simply an extension of the original case. In the US that would be double jeopardy. In the US the prosecution has no avenue for appeal if the verdict is not guilty. Those appeals to higher courts are purely for the defendant. Link to comment Share on other sites More sharing options...
Alration Posted December 3, 2015 Share Posted December 3, 2015 Why has this thread derailed to an irrelevant discussion about the US legal system, has South Africa relocated to the US? Link to comment Share on other sites More sharing options...
Gecko123 Posted December 3, 2015 Share Posted December 3, 2015 Justice served. Link to comment Share on other sites More sharing options...
colinneil Posted December 3, 2015 Share Posted December 3, 2015 He deserves to spend the rest of his life in prison he is a murderer. The judge at his trial was swayed by his olympic status. Girlfriend goes to the toilet gets shot multiple times behind a closed door, i thought it was a robber bulls..t. Link to comment Share on other sites More sharing options...
oxo1947 Posted December 3, 2015 Share Posted December 3, 2015 I just can't believe that Oscar Pistorius, in a fit of rage, threw his whole life away. He had everything. Except legs, obviously................................. Link to comment Share on other sites More sharing options...
sweatalot Posted December 3, 2015 Share Posted December 3, 2015 I just can't believe that Oscar Pistorius, in a fit of rage, threw his whole life away. He had everything. Except legs, obviously................................. How often do we read of Thais throwing their life away in a fit of rage? Link to comment Share on other sites More sharing options...
vogie Posted December 3, 2015 Share Posted December 3, 2015 Great news. Link to comment Share on other sites More sharing options...
Scott Posted December 3, 2015 Share Posted December 3, 2015 Numerous off-topic, troll posts and replies removed. This topic is not about the US justice system or OJ Simpson. Link to comment Share on other sites More sharing options...
Suradit69 Posted December 4, 2015 Share Posted December 4, 2015 (edited) These rulings seem so odd to me, as an American, where this would be considered double jeopardy. Americans find many things odd if they differ from life in the American bubble, but this does seem to be an appeal, not a re-trial or a case of the perpetrator being charged for the same crime twice. In England they've dropped that protection entirely. Double jeopardy law ushered out Julie Hogg Police are to re-examine the murder of Julie Hogg A legal principle which prevents people being tried for the same crime twice has been scrapped in England and Wales. The ban on "double jeopardy", which has existed for around 800 years, took effect from Monday. The Court of Appeal can now quash an acquittal and order a retrial when "new and compelling" evidence is produced. Police plan to re-examine the case of 22-year-old Julie Hogg, who was murdered in a sex attack at her home in Billingham, Teesside, in November 1989. Boyfriend Billy Dunlop was tried for the murder of the pizza delivery girl, but acquitted after the jury failed to reach a verdict on two separate occasions. http://news.bbc.co.uk/2/hi/uk_news/4406129.stm Interesting 2007 movie with Anthony Hopkins and Ryan Gosling, Fracture. (http://www.imdb.com/title/tt0488120/?ref_=fn_al_tt_1 ) Hopkins is charged with attempted murder when he shoots his wife and she remains in a coma. Following acquittal on that charge, he decides to pull the plug on his wife who is still on life support. New evidence shows he did indeed shoot his wife, but he assumes he can't be retried. They change the charge from attempted murder to murder since she is now dead. Not sure how legally accurate it all is, but great movie. Edited December 4, 2015 by Suradit69 Link to comment Share on other sites More sharing options...
Scott Posted December 4, 2015 Share Posted December 4, 2015 Again, this topic isn't about the US legal system. Just to be clear, double jeopardy doesn't preclude someone being re-tried when there is new evidence. Link to comment Share on other sites More sharing options...
2fishin2 Posted December 4, 2015 Share Posted December 4, 2015 What was the new evidence? Link to comment Share on other sites More sharing options...
meatboy Posted December 4, 2015 Share Posted December 4, 2015 this morning 3am.on sky news they showed the toilet where she hid and locked the door,there was no way she could have avoided being shot,and the bullets he used were meant to kill,and did with horific injuries. JUSTICE FOR THE FAMILY Link to comment Share on other sites More sharing options...
SpokaneAl Posted December 4, 2015 Share Posted December 4, 2015 Again, this topic isn't about the US legal system. Just to be clear, double jeopardy doesn't preclude someone being re-tried when there is new evidence. Not to be US centered, but that is not true there. If one is found not guilty, the prosecution has had its opportunity. Double jeopardy prevents a person from being tried for the same crime twice, no matter what evidence is later found. Link to comment Share on other sites More sharing options...
ALLSEEINGEYE Posted December 4, 2015 Share Posted December 4, 2015 These rulings seem so odd to me, as an American, where this would be considered double jeopardy. As a non american I would say that double jeopardy is one stupid law. But a great second half of a game show. Link to comment Share on other sites More sharing options...
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