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Oscar Pistorius trial: the charges and rulings so far Oscar Pistorius trial: the charges and rulings
(about 21 hours later)
Oscar Pistorius has been cleared of premeditated and second degree murder but can still be convicted on charges of culpable homicide and three other firearm-related charges. This is how the charges are looking:
Premeditated murder: not guiltyPremeditated 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 guiltyMurder: 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: pending Culpable homicide: guilty
Shortly before the abrupt end to court proceedings Masipa said Pistorius acted "hastily and used excessive force". She proceeded to say the athlete was indeed negligent before adjourning proceedings for the day. 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.
Should he be convicted of culpable homicide, Pistorius could face a maximum of 15 years in prison. However, because there is no prescribed sentence for the charge Masipa would have wide discretion on sentencing. Pistorius could face anything from correction supervision, prison, a fine or a wholly suspended sentence. Firearm-related charges: guilty on one count, cleared on two
Firearm-related charges: pending 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.
With the drama surrounding the murder charges many have forgotten that Pistorius also faces three other counts; two relating to discharging a firearm in public and one relating to illegal possession of ammunition. On this charge Pistorius faces a fine or up to five years in prison, both of which could be suspended.
The prosecution has consistently painted Pistorius as a negligent gun owner. These charges also carry potential jail time ranging from two to five years and the defence will not be treating them lightly.
Verdict and sentencing:Verdict and sentencing:
While Masipa has cleared Pistorius on the more severe charges, she has still not delivered her verdict. It would appear highly unlikely that Pistorius will escape any responsibility for the shooting. 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.
Should Pistorius be found guilty of culpable homicide or any of the firearm-related charges, the prosecution and defence would present aggravating or mitigating circumstances before sentencing. Masipa will have pre-sentencing documents drawn up. Various parties will be consulted, including probation and correctional supervision officers. Here they will outline what they believe the best possible sentence would be. Sentencing is not expected for at least six weeks after the verdict. 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.