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Oscar Pistorius trial: the charges and rulings | |
(about 21 hours later) | |
Premeditated murder: not guilty | Premeditated murder: not guilty |
Judge Thokozile Masipa ruled that the prosecution had not provided enough evidence for a conviction. On a point of law, premeditated murder in South Africa does not have a clear definition and always looked like a step too far for the prosecution. | Judge Thokozile Masipa ruled that the prosecution had not provided enough evidence for a conviction. On a point of law, premeditated murder in South Africa does not have a clear definition and always looked like a step too far for the prosecution. |
Murder: not guilty | Murder: not guilty |
The judge has also ruled out murder by dolus eventualis – that is, that Pistorius foresaw his actions in firing four shots into the door could have led to the death of the person behind it but went ahead and fired anyway: "Clearly he did not objectively foresee this as a possibility that he would kill the person behind the door." | The judge has also ruled out murder by dolus eventualis – that is, that Pistorius foresaw his actions in firing four shots into the door could have led to the death of the person behind it but went ahead and fired anyway: "Clearly he did not objectively foresee this as a possibility that he would kill the person behind the door." |
Culpable homicide: guilty | |
Judge Masipa found that Pistorius was negligent when he fired shots through the door of his toilet. She said that a reasonable person would have foresaw that firing through the door could kill the person in the toilet. | |
Firearm-related charges: guilty on one count, cleared on two | |
Pistorius faced three firearms related charges - two relating to discharging a firearm in public and one relating to illegal possession of ammunition. He was cleared of firing his gun through the sunroof of a car and for illegal possession of ammunition. However, he was convicted of a firearm offence that occurred in Tasha's restaurant in Johannesburg. Pistorius was passed a firearm under the table at the crowded restaurant when it went off. | |
On this charge Pistorius faces a fine or up to five years in prison, both of which could be suspended. | |
Verdict and sentencing: | Verdict and sentencing: |
Pistorius has been convicted on two charges and the prosecution and defence will present aggravating or mitigating circumstances before sentencing, which is not expected for at least six weeks. | |
Before handing down her sentence, Masipa will have pre-sentencing documents drawn up. Various parties will be consulted, including probation and correctional supervision officers to outline what they believe the sentence should be. |
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