PLEASE NOTE:

MyNews24 is a user-generated section of News24.com. The stories here come from users.

 
Thabo_Steyn
 
Comments: 28
Article views: 1506
 
 
Latest Badges:

 
View all Thabo_Steyn's badges.
 

Oscar is going to jail for at least 12 years.

22 February 2013, 09:00

I spoke to two top advocates on criminal law and their view is that if Oscar was their client, they would advise him to settle the case and lead murder and serve at least 12 years in jail.

On his version, when he shot through the door, he intended to kill the person behind the door whilst there was no imminent danger real or perceived on his life.  When you shoot through the door, without any immediate danger on your life, your intent was to kill the person behind the door.

Although Oscar may not have intended to kill Reeva, he intended to kill the intruder who did not pose any danger to him and as such the State’s case against him is murder.  The advocates also indicated that they would not have necessarily opposed bail and they would have allowed him to get bail, but on his own version, he is guilty of indirectly murdering Oscar.  Indirectly, in the sense that he thought he was murdering an intruder, but in actual fact, he murdered Reeva.

The onus in such cases is on his defense team to approach the NPA to negotiate a jail term, otherwise if he does not negotiate, he will get at least 25 years in jail.  What Gerrie Nel mentioned in closing argument last night about the State of the Nation address and the gender violence, shows the State’s intent to prosecute Oscar and make an example of him.  This does not bode well for him because the State will seek the maximum term in jail (25 years).  The onus is on his defense team to try and reduce the term and any sentence below 25 years, he must take.

In such cases, the minimum sentence that the State can negotiate is 12 years and a plea agreement of at least 12 years will normally be accepted by the State.  Therefore, his Counsel will advise him accordingly prior to the trial.

The crux of the argument is that although he may have not intended to kill Reeva, he intended to murder the intruder who did not pose any danger to him, real or perceived and thereby indirectly caused the death of Reeva.

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.

 

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
28 comments
Comments have been closed for this article.

Read more from our Users

Submitted by
Nicholas K Mashabela
Objectivity in politics

The recent political climate in RSA shows that south Africans are politically becoming conscious, however I must say that we need to be objective in our analysis of these dynamics. Read more...

0 comments 80 views
Submitted by
Leslie Fivaz
Are your dreams and beautiful ide...

The drug opium was imported into Europe from Asia and was widely used in certain literary circles in Britain. Opium was smoked in a pipe and, once under the influence, people had hallucinations that were referred to as pipe dreams. Read more...

0 comments 77 views
Submitted by
Shane Greenhough
Abandon Atheism

Once upon a time I described myself as, among other things, an atheist. The certainty of that stance was one that age and observation have gradually taught me I cannot associate myself with.  Read more...

0 comments 315 views
Submitted by
Sosten Mpinganjira
Waiting for a fate

He was only a kilometre away from the courtyard when he heard cries of people. He thought his ears were deceiving him and proceeded with his marathon race. Read more...

0 comments 59 views
Submitted by
Lyndatjie
Mob mentality

I respect the democratic right of everyone protesting; however the escalation into destruction where people are getting hurt or killed is something I will NEVER accept. Read more...

0 comments 545 views
Submitted by
Ludorum
Minister of International Relatio...

This is about as much of a shocker as when the National Anthem was sung by that inept Rapper/Rasta dude. Read more...

0 comments 1983 views
 

services

E-mail Alerts The latest headlines in your inbox

RSS feeds News delivered really simply.

Mobile News24 on your mobile or PDA

E-mail Newsletters You choose what you want

News24 on Android Get the latest from News24 on your Android device.

SMS Alerts Get breaking news stories via SMS.

TV Get us in your home, on your television.

 
Interactive Advertising Bureau
 
© 2016 24.com. All rights reserved.
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.