Did Judge Masipa shoot herself in the foot? Pierre De Vos States: One must be careful to analyse a court judgment without careful study, but I am a bit confused so far by the application of the law to the facts by Judge Masipa in the Oscar Pistorius case. She argued that Oscar did not intend to kill Reeva Steenkamp as he was distraught afterwards. But in our law, if he had the intention to shoot and kill another person (say X) who he believed was behind toilet door and he then shot and killed that person, he has intention and must be convicted of murder. If he foresaw killing a person (X) and then kills Reeva he is also guilty based on dolus eventualis. I think she confuses aberration ictus with error in objecto.
Posted on: Thu, 11 Sep 2014 14:34:19 +0000
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