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


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