Straw poll - Do you think Oscar will get bail??

61 to 80 of 80 messages
23/02/2013 at 16:14

whats with the.........doesnt......make.......sense........to.......me?

23/02/2013 at 16:30

play kiss chase???

23/02/2013 at 16:32

It's far too early to tell what kind of sentence he'll get. Even if he is found guilty of premeditated murder (which has a mandatory life sentence in South Africa, in practice 25 years without possibility of parole) the judge will take into account any "extraordinary circumstances" that apply and might mean he gets a shorter sentence.  

If he's convicted of culpable homicide rather than premeditated murder, its theoretically possible that he might not receive a custodial sentence because South Africa has no minimum sentence for culpable homicide. But I honestly can't imagine that he'd escape a custodial sentence based on what we know of the facts of this case. 

 

23/02/2013 at 16:38

What I do think is that any sentence he gets will be substantially reduced because his lawyers will argue that his disability constitutes an "extraordinary circumstance" (which seems to be like a "mitigating factor" in sentencing in English law). Whether I agree with that or not, his legal team would be beyond stupid not to make the most of it. 

 

Someone told me that in South Africa, the prosecution and defence aren't allowed to introduce theories at trial that haven't been covered in the bail hearing. Does anyone know if that's true? Sounds completely stupid to me!  

23/02/2013 at 16:41

Which of the following applies.

1. He shot someone unknown dead, in the heat of the moment.

2. He shot someone he knew dead, in the heat of the moment.

3. He shot someone unknown dead after thinking about it for a minute or two.

4. He shot his girlfriend dead after thinking about it for a minute or two.

5. He always planned to execute any intruder he ever found in his house.

6. He had planned a long time in advance to murder his girl-friend.

23/02/2013 at 16:52

I worked once with a guy from South Africa who was a manager there of a branch of MacDonalds.

He said he always carried a gun while on duty and had received an award for fighting off a raid by criminals.  The gun was used.

23/02/2013 at 18:09
He's a Johnny Foreigner. Who the feck really cares ?
Hope    pirate
23/02/2013 at 19:56
Gosh David F3.... That was a rather exciting read!
I still reckon it was colonel mustard :/
24/02/2013 at 11:21
I don't know if they will be able to find enough people to make up a jury who aren't already on a murder charge themselves. I reckon murder in SA is a bit like 3 points on your driving licence here.
24/02/2013 at 11:57
South Africa doesn't have trial by jury.
24/02/2013 at 13:36
Sussex Runner (NLR) wrote (see)
I don't know if they will be able to find enough people to make up a jury who aren't already on a murder charge themselves. I reckon murder in SA is a bit like 3 points on your driving licence here.

I guess when they get to 12 points they have one of their guns taken away for a day or two and get sent on some sort of refresher course in blowing someone head off.

24/02/2013 at 14:22
Culpable homicide, isn't it? More like manslaughter than attempted murder
24/02/2013 at 16:03
Oscar's brother is not up for murder, he was involved in a car accident where someone died in 2010
24/02/2013 at 17:45
EKGO wrote (see)
Oscar's brother is not up for murder, he was involved in a car accident where someone died in 2010

His gun must have gone off whilst driving. 

24/02/2013 at 18:06

The Pistorious's seem charming.

I think I just came up with an idea for a reality tv show.

25/02/2013 at 17:06
kittenkat wrote (see)

And yes he is guilty of killing someone, I don't think he should have got bail.

He should have got bail because he is innocent until proven guilty and he won't run away before the trial.

 

 

kittenkat wrote (see)

So here's a question. Say his story holds up completely, what will be the minimum sentence he would get? He has admitted killing her.

Apparently he killed someone whom he supposed might be a threat to his life (believed to be a burglar). I wouldn't be too surprised if he get off entirely, on the grounds of self defence and mistake.

But I have no idea what the law is in South Africa on these things.

In some countries you are allowed to shoot burglars if they are in your house. (Because there's a high probability they will be armed and it isn't reasonable to expect you to wait and find out if they are.)

 

Edited: 25/02/2013 at 17:10
25/02/2013 at 19:39

South African robbers and thieves take no prisoners and shoot to protect is seen as legit. Good for them I say, although this case may be a little different, I guess he just got a little too pissed by her and is using the robber issue as an excuse.

Tommygun2    pirate
28/03/2013 at 16:48
28/03/2013 at 17:14

Couldn't care less about this story. I have my own life to lead. 

28/03/2013 at 18:56

I wonder if (accidentally on purpose) someone will replace the starting pistol with a real one?


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