To be honest from day 1 the state was gunning for murder alternatively the worse Culpable Homicide, which is what the state got, premeditated murder was just an ambitious strategy. With all due respect, I am extremely disappointed with Learned Judge Masipa’s analysis, reasoning and application of law to facts. When dealing with a statutory crime as opposed to common law offence such as murder, all it matters is whether the accused has unlawfully contravened the statute. Question is whether Oscar has unlawfully discharged firearm thru sunroof, whether he did so because he was happy or angry is irrelevant, whether Samantha says it happens at 4 and Fresca says at 5 is irrelevant. Masipa’s judgment is a joke and embarrassment to our legal system. This judgment must go to the Supreme Court of Appeal for proper adjudication.
Posted on: Fri, 12 Sep 2014 08:36:49 +0000
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