NFR Oscar Pistorious

[TonyGilroy]

I'm conscious that this topic may be too controversial for this board although I don't see it as political, but would entirely understand if the moderators deleted this.

My question is this.

Assuming that Oscar Pistorious is being 100% truthful and accepting South African gun laws what sentence do people think would be appropriate?

To me his actions were reckless in the extreme and very subjective fears of violence or intrusion with no objective evidence cannot justify shooting wildly and killing loved ones who the shooter is actually thinking he's defending. Personally I'd be thinking 10 to 15 years would be appropriate if only to send out a message to shoot only if necessary in self defence.

For the sake of argument I am assuming his complete honesty which of course is by no means a given.

I really would be interested to hear others' views.

[sunburywhite]

If he is innocent and gets the chance to resume his athletic career then I reckon he will crap himself when the starters gun goes off

[GloucesterWhite]

So someone broke into his house to use the bathroom? Yeah, it happens all the time; although it would have been safer to use the one downstairs. Sounds like a replay of OJ to me.

[sipwell]

Apparently there was an argument before the shots were fired. I don't believe the "we had a burglar, I believe" discourse for one second. It is a pity though, because he was a role model athlete.

[epsomraver]

I could believe his story more if it had been one shot, also what happened to " who is there"? why would an intruder lock the door , surely they want to get into the apartment, also the shots were fired down wards , strange that he said he was legless at the time, no joke intended.

[TonyGilroy]

What I'm interested in though is the appropriate punishment, if any, IF he's telling the truth.

I don't know whether to believe him. The police evidence appears to be unreliable but he may well have killed his girlfriend in a rage. If he is found guilty of that we all know that he'll serve a life sentence deservedly.

[epsomraver]

Surely it has to be manslaughter if his " story" is true  he would probably get 5 years due to remorse of killing a loved one and his disability, not sure how harsh the sentencing is in SA probably harsher than here where he would get a community order.

[Mr-ska]

Its an interesting subject...  tragic!

Pistorious had it all, a beautiful girlfriend, fame and really was an inspiration to us all. Now stories of Steriods, gun love and heated rows have shown a different side to this man.

I can see this turning into South Africa;s OJ case

[TonyGilroy]

Surely it has to be manslaughter if his " story" is true  he would probably get 5 years due to remorse of killing a loved one and his disability, not sure how harsh the sentencing is in SA probably harsher than here where he would get a community order.

What I'm after is what people think he should be sentenced to, not predicting what actually will happen. I suspect that the police have cocked up the evidence sufficiently to make an expensive lawyer assisted acquittal likely.

[The Equalizer]

I think you need to take into account the seriousness and danger of potential break-ins in South Africa, some form of leniency would be expected if he is telling the truth.

Burglaries in SA are not like burglaries in the UK. Over here you'd expect your TV, car keys and jewelry to go missing. In SA, the stuff would go missing, but your wife would be raped and your children shot. Ok, this is a rare case, but not rare enough. I also have this in authority because my friend Leslie is a senior police officer in Port Elizabeth.

If you have an intruder in your home in SA, using extreme force is a defensive thing. My friend Richard, whilst living in the UK, owned a house in SA which he was letting out to a family. They had a break-in and were all machine-gunned to death. It is very serious.

However, I'm not a barrister and I do not know the intricacies of the law in South Africa, so for me to comment on sentence would be misguided. I can just say that leniency should be considered if he is found to be telling the truth.

If not, string the bastard up.

[Mr-ska]

Allegedly Allegedly Allegedly Allegedly

[Berserker]

If there is not enough evidence to convict him would it be manslaughter then? Not sure what the sentence is in SA for that. As you say in SA it is a much more violent place than the UK, can't remember what that farmer guy got here for killing somebody who broke in, mind you he was running away at the time.
My 84 yr old mum had a couple of guys break in her house in the UK, broke the kitchen window, and crept in the back door,  one kept her talking down stairs in the living room while the other took her valuables from upstairs, luckily she didn't put up a fight so was left unharmed. It was very worrying and the police never caught them.

[Basil]

Surely it has to be manslaughter if his " story" is true  he would probably get 5 years due to remorse of killing a loved one and his disability, not sure how harsh the sentencing is in SA probably harsher than here where he would get a community order.

But he can't be wholly acquitted surely as his defence is based around this self confessed recklessness so he would still be guilt of a category 5 (is that the lesser one?) murder.

I am very dubious as to his defence but irrespective of this if found guilty of a less degree of murder then I reckon 5 years, maybe even less.

He is just lucky he can afford a decent lawyer to pick holes in seemingly botched  investigation. Also handy he had his lawyer at the crime scene before police (this in itself is suspicious).

What I'm after is what people think he should be sentenced to, not predicting what actually will happen. I suspect that the police have cocked up the evidence sufficiently to make an expensive lawyer assisted acquittal likely.

[Alan]

Burglaries in SA are not like burglaries in the UK. Over here you'd expect your TV, car keys and jewelry to go missing. In SA, the stuff would go missing, but your wife would be raped and your children shot. Ok, this is a rare case, but not rare enough. I also have this in authority because my friend Leslie is a senior police officer in Port Elizabeth.

Having said that, didn't he live in some sort of guarded complex?

Admittedly, I wouldn't know if that would make a difference, as I've never been to SA, it's just my opinion based on what I've heard about the incident.

[Jack Fulham]

what business does a burglar have in a bathroom?

[The Equalizer]

what business does a burglar have in a bathroom?

Jewelry? Drugs? Needing a dump?

[Edwatch_Winston_Malone]

I am trying to work out why people think that firing 4 times into a 1.5m³ room with a locked door is unintentional killing warranting only a manslaughter charge.  If you fire that many times you are trying to kill somebody, it is not an unintentional killing...

[RaySmith]

He has admitted he shot her, so can't be acquitted, but can be found guilty of a lesser charge, I would think.

A South African journo was asked about this on the radio - and I think she said about 8 years rather than life sentence, if this was the case.

However, the prosecution have cocked up their case, and there maybe a lot of sympathy towards Pastorius - though there may also be a lot of sympathy towards his girlfriend - so he may get a light sentence, or even  go free, I suppose.

Certainly a lot of twists and turns in this case.

I don't think it is really credible that it's an accident myself, but the prosecution has said they can't really prove that his story is false.

What sentence do i think he should get if he was telling the truth - well, IF he was , I would  say a suspended sentence  for manslaughter

[RaySmith]

I am trying to work out why people think that firing 4 times into a 1.5m³ room with a locked door is unintentional killing warranting only a manslaughter charge.  If you fire that many times you are trying to kill somebody, it is not an unintentional killing...

Yes, but his vulnerability and fear of being attacked would be the defence  I would think.

[Basil]

Just because he gets bail now does not mean the prosecution wont find evidence to bolster their case pre trial.