What the NPA must prove to overturn the Oscar Pistorius conviction and sentence

Attorney David Dadic explores the basis for the success of the prosecution's appeal.

Appeals can only be made on rules of law not the facts of the case. The much discussed Dolus Eventualis requires the person to have a reasonable expectation for the outcome of the action. The principal argument is likely to be that firing specialised bullets into a confined space that he believed had a person in it would suggest he should have been able to see that firing four bullets would lead to death.

If that can be successfully appealed then the conviction changes from culpable homicide to murder, which changes the sentence from the current 5 years to a minimum of 15 years.

Take a listen to what is required for the State to succeed.


This article first appeared on 702 : What the NPA must prove to overturn the Oscar Pistorius conviction and sentence


Recommended

by THE NEWSROOM
Read More
CT Science Centre bringing together brilliant minds to address water crisis

CT Science Centre bringing together brilliant minds to address water crisis

Everyone is invited to take part in a Hackathon designed to address Cape Town's drought.

'Foreshore development plan will exacerbate spacial and social divide'

'Foreshore development plan will exacerbate spacial and social divide'

UCT planning expert raises concerns over bidder's proposed plans for Foreshore development.

Live broadcasting of the Pistorius trial: a criminal law expert weighs in

Live broadcasting of the Pistorius trial: a criminal law expert weighs in

On the John Robbie Show, WITS Law's Prof. James Grant said of the media's involvement in the Pistorius trial: 'Journalists have been live-tweeting in court before this; a live broadcast was a natural next step.'

Masipa verdict on The State vs Oscar Pistorius - the ANCWL's take

Speaking outside the North Gauteng High Court in Pretoria, ANCWL Gauteng spokesperson Jacqui Mofokeng said, 'We are very disappointed'.

'I think it should be murder'

Criminal attorney Tyrone Maseko's take before Masipa ruling

The #ConsideredView with @StephenGrootes: The NPA debacle

Stephen sheds light on the recent activity with the National Prosecuting Authority and queries why the leaders of the organisation are fighting again.

Popular articles
NICD: Listeriosis cases rapidly rising in SA, death toll at 172

NICD: Listeriosis cases rapidly rising in SA, death toll at 172

National Institute for Communicable Diseases says all cases traced back to the same bacterial strain and source needs to be found.

'Foreshore development plan will exacerbate spacial and social divide'

'Foreshore development plan will exacerbate spacial and social divide'

UCT planning expert raises concerns over bidder's proposed plans for Foreshore development.

UK issues terror warning against SA after Brit couple abducted in KZN

UK issues terror warning against SA after Brit couple abducted in KZN

The British gov issued a travel advisory‚ warning of possible attacks when traveling to SA, after a UK couple was kidnapped.

Saps: Attackers spared 5 female cops in Ngcobo police shooting

Saps: Attackers spared 5 female cops in Ngcobo police shooting

E Cape Saps says they are investigating the murder of five police officers and one retired soldier at Ngcobo Police Station.

How to make your first million

How to make your first million

Warren Ingram discusses his new book in which he shares practical ways for ordinary people to achieve financial freedom.