TSHWANE – Judge Masipa’s verdict will be resuming shortly in the greatly publicized Pistorius trial.
The facts of 14 February involved the accused shooting at an intruder through a closed bathroom door with a 9mm pistol, the bullets fatally wounded Reeva Steenkamp and Oscar Pistorius is accused of murder.
Oscar Pistorius did not admit intent in as far as causing the death of the person behind the door is concerned. Furthermore, self-defence was raised as a defence against the unlawfulness of his act.
Self-defence will only be a successful defence if the requirements thereof have been met, which requirements can be viewed here:
The Oscar Pistorius Trial: the facts, charge and defence in simple terms
If Judge Thokozile Masipa finds that the defence averred by the accused is successful, Pistorius will not be guilty of murder.
Pistorius may also be found guilty of culpable homicide, which will mean that he did not perform his actions with reasonable care.
The events of Februery 14 2013 have been carefully weighed by Judge Masipa and, should she find that his conduct was not adherent to that of the reasonable person, culpable homicide may be an applicable verdict.
Subsequent to passing the verdict, the court may be addressed by the accused, the defence and the prosecution.
Mitigating factors such as a clean criminal record, disability and the emotional trauma and suffering incurred by the accused as a result of the incident may be averred as mitigating factors.
The prosecution may present the status of the accused as a celebrity, the nature of the crime and, should it be the case, the possible premeditated nature of the crime, as aggravating factors.
After being addressed with regards hereto, the court proceeds to sentencing.
In terms of the Criminal Law Amendment Act 105 of 1997, mandatory minimum sentences are prescribed for certain crimes in certain situations – this is where the term “premeditated murder” gains relevance.
If Oscar Pistorius has indeed committed premeditated murder, a minimum imprisonment of 25 years – also known as “life imprisonment” – will be applicable. Murder which has not been premeditated may also result in a prison sentence of 25 years.
A verdict of culpable homicide may lead to Pistorius’ imprisonment of 15 years, subject to the circumstances surrounding to the case being taken into consideration.
View the link below for more:
Oscar Pistorius trial: the alternative verdict
