Pistorius likely to be found guilty of culpable homicide

2014-09-12 00:00

ALL indications are that Oscar Pistorius will today be found guilty on a charge of culpable homicide.

Judge Thokozile Masipa said that Pistorius had been negligent when he fired four shots through the toilet door.

“I am not persuaded that a reasonable person with his disability would have fired four shots into a small toilet cubicle,” she said, adding given the size of the toilet a reasonable person would have foreseen a person behind the door could be killed.

She said while Pistorius knew there was a person behind the door, he chose to use a firearm which he was trained to use.

Then she asked three questions:

1. Would a reasonable person in the same circumstance have foreseen that a person behind the door could be hit by the bullets and killed?

2. Would the reasonable person take steps against this probability?

3. Did the accused fail to take the steps a reasonable person would have taken?

She said the answer to all three these questions is yes.

“I am of the view that the accused acted too hastily and used excessive force. In the circumstances it is clear that his conduct was negligent.”

Johannesburg attorney Ulrich Roux said the test of culpable homicide however comprised negligence and unlawfulness. He said the judge had already found Pistorius was negligent and if she also finds his conduct was unlawful, she would find him guilty of culpable homicide.

Culpable homicide is a Schedule 1 crime, which means Pistorius may again be released on bail after the verdict.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

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
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


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.


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.