quite an interesting position on culpable homicide in SA

(I'm not an SA lawyer, but take a professional interest in it)

they're starting to convict drink drivers who kill people for murder. Ordinarily that wouldn't fly (particularly over here in the UK) as you don't generally have the intention to kill someone. In SA though, they're going down the line that by drink driving you are being so reckless about it, and that you ought to know that if you have an accident you might knock someone down and kill them, and that that is enough to convict.

If they use the same test (of sheer recklessness) then Pistorious has got to be looking at murder, regardless of who he was shooting at. I don't really see how being drunk and getting behind the wheel is more reckless than (effectively) shooting at an unexpected sound behind a closed door. It could have been anything behind it - a cat, a picture falling off the wall, an intruder, a sleep person having a wee...). But he didn't care, he just blasted away.

So it'll be interesting see what (if anything) he gets done for in the end.

Wouldn't be surprised if he does an 'Assange' - ie flee and avoid extradition, and play the media card (innocent mistake, won't get a fair trial etc etc).

Posted By: CWC on February 22nd 2013 at 17:06:24


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