TSHWANE
Judge Thokozile Masipa’s verdict in the murder charge against Oscar Pistorius will have commenced by this time tomorrow.
If Judge Masipa concludes that Oscar Pistorius has accidentally killed another person, he will be guilty of culpable homicide.
The legal definition of culpable homicide reads: “The unlawful negligent killing of a human being.” This would mean that it would have to have been proven beyond a reasonable doubt that the accused negligently shot dead the victim on 14 February 2014.
Oscar Pistorius will be guilty of culpable homicide if it is found that his conduct did not adhere to the standard of what is expected from the reasonable person. His specific circumstances at the time of the incident may be taken into account to ask what the reasonable amputee would do.
“Would the reasonable amputee have shot at an unidentified person through a closed door?” is a question that will be asked by the court.
The possible verdicts that may be given on 11 September 2014 are thus threefold: he may be found not guilty or guilty of murder, or guilty of culpable homicide.
For more on the murder charge:
https://www.citizen.co.za/lowvelder/221763/oscar-pistorius-trial-facts-charge-defence-simple-terms/
