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Judge Masipa returned to Court on Friday and convicted Oscar

 
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BerichtGeplaatst:     Onderwerp: Judge Masipa returned to Court on Friday and convicted Oscar Reageren met citaat

Judge Masipa returned to Court on Friday and convicted Oscar Pistorius on the charge of culpable homicide. China NBA Jersyes Cheap . The conviction seemed all but a certainty on Thursday, when she declared Pistorius was negligent before adjourning for the day. "Pistorius had time to think and consider his actions. Im satisfied his actions werent that of a reasonable person," the judge said. "He acted too hastily and used excessive force. His conduct was negligent." When considering culpable homicide, the question to ask is whether a reasonable person would have acted as the accused did. In convicting Pistorius, Judge Masipa concluded that he did not act reasonably and that a reasonable person would have called for help rather than charge down the hall and fire four shots through a locked bathroom door at 3am. Prison Time and Sentencing The legislation does not provide for specific prison time for culpable homicide. Rather, the sentencing is discretionary, although its not unusual to see prison time in South Africa of 5 to 15 years for this type of crime. The next step is a sentencing hearing to be held on October 13. At the hearing, each side will present their arguments as to appropriate jail time. The prosecution, led by Gerrie Nel, will seek to convince the Judge that Pistorius should spend 15 years in jail, while Pistorius lawyer, Barry Roux, will argue that no jail time is warranted. While some are of the view that Pistorius could completely avoid jail, that seems unlikely. Expect a minimum of 5 years and probably closer to 10 years. However, this trial has been filled with surprises, so another one would not be completely unexpected. No Conviction on Murder: A Grave Error Is Made Speaking of surprises, Judge Masipa found Pistorius not guilty of murder. In order to make out this charge, the prosecution had to establish that Pistorius intended to kill someone – Steenkamp or the intruder. Thats right – its still murder if it could be shown that Pistorius intended to kill anyone that night. Perhaps it could be argued that the requisite intent to kill Steenkamp was not established. Its a tough argument to make given the totality of the evidence but still an argument that could made with a certain level of credibility. The reasoning would go something like this: Pistorius did not know it was Steenkamp in the bathroom so he therefore could not form the necessary intent to kill her. However, on the point of killing anyone, the Judge committed an error of law when she concluded that Pistorius did not commit murder. Specifically, Pistorius should have been found guilty of murder because its still murder in South Africa if he intended to kill anyone. This legal concept of intent, which holds people responsible for the foreseeable consequences of their actions, is called dolus eventualis. By his own account, after he heard the intruder, Pistorius grabbed his gun, removed the safety, charged down the narrow hallway to the bathroom, and without any words of warning, fired four shots through a locked door into a very small toilet cubicle. Every decision from grabbing the gun to firing the shots with deadly hollow point black tallon bullets was conscious and intentional. He did not fire just once clumsily or accidentally, or yell out to the intruder. He deliberately and intentionally fired four shots in quick succession with great precision through the toilet door. The evidence strongly supports the conclusion that Pistorius believed that there was a person behind the door, foresaw that his gunshots would kill that person and nevertheless persisted. Indeed, he fired because he believed there was someone behind the door. Thats murder. How did Judge Masipa come to a different conclusion? Well it seems that she concluded Pistorius did not intend to kill anyone because Steenkamp was asleep in his bed. Theres an obvious disconnect in that logic, and it seems as though Judge Masipa was focused exclusively on whether Pistorius believed Steenkamp was still in his bed. This constitutes a misapplication of the law, which opens the door for an appeal by the prosecution. Indeed, it would not be a surprise to see Judge Masipas decision appealed. NBA Jerseys China . According to the sportsbook BoDog, the Stampeders are 8/5 favourites to take home the Grey Cup at Mosaic Stadium in Regina on November 24. Authentic NBA Jerseys Wholesale . For one, he still gets to crank the intensity to the max. "I push pretty angry. I ran pretty angry too though, but I have fun doing it," Lumsden said. http://www.wholesalejerseysnba.com/ .com) - Longtime Senators star Daniel Alfredsson returned to Ottawa on Thursday to officially announce his retirement.CALGARY - Greg Chase had two goals and two assists as the Calgary Hitmen crushed the visiting Moose Jaw Warriors 7-3 on Saturday in Western Hockey League play. Jake Virtanen also scored twice for the Hitmen (26-8-5), who extended their win streak to four games, while Alex Roach, Brady Brassart and Travis Sanheim had a goal and an assist apiece. Scott Cooke, Bryson Gore and Torrin White scored for the Warriors (12-24-6). Mack Shields made 28 saves for Calgary. Moose Jaws Justin Paulic allowed six goals on 34 shots before giving way to Brody Willms, who stopped 4-of-5 shots in 13 minutes of relief. The game was chippy right from the beginning and a combined 191 minutes in penalties were handed out to the two clubs. In total, 12 fighting majors were given, as well as nine miscoducts, including a game misconduct to Calgarys Joe Mahone for head butting 3:31 into the first period. The Hitmen went 1 for 8 on the power play while the Warriors scored once on six chances with the man advantage. --- BLADES 5 HURRICANES 2 SASKATOON — Troy Trombley stopped 43 shots, including 24 in the third period, as the Blades hung on to defeat Lethbridge. Nick Zajac and Logan Harland each scored twice for Saskatoon (12-27-4), who held a 4-0 lead after two periods of play, and Chase Clayton scored once. Reid Duke and Jamal Watson scored for the Hurricanes (8-30-5). Lethbridges Corbin Boes turned away 42-of-46 shots in a losing cause. --- WHEAT KINGS 4 PATS 3 (OT) BRANDON, Man. — Richard Nejezchleb scored with four seconds remaining in extra time as the Wheat Kings narrowly escaped blowing a three-goal lead. John Quenneville, Tyler Coulter and Jens Meilleur gave Brandon (21-16-4) a 3-0 lead after 40 minutes of play. Colby Williams scored twice in the third period for Regina (20-18-4) and Patrick DAmico had the other to complete the comeback and earn at least one point. Jordan Papirny made 31 saves for the Wheat Kings while Dawson MacAuley stopped 36-of-40 shots for the Pats. --- OIL KINGS 7 THUNDERBIRDS 0 EDMONTON — Tristan Jarry stopped 22 shots and Henrik Samuelsson had five assists as the Oil Kings blanked Seattle for their third win in a row. Reid Petryk scored twice for Edmonton (26-12-1) while Mitchell Moroz had a goal and two assists. Ashton Sautner, Luke Bertolucci, Brandon Ralph and Brett Pollock also scored for the Oil Kings. Danny Mumaugh turned away 36-of-43 shots for Seattle (22-12-5). Cheap NBA Jerseys. . --- BRONCOS 3 TIGERS 1 MEDICINE HAT, Alta. — Eetu Laurikainen stopped 46-of-47 shots as Swift Current downed the Tigers for its first win in three outings. Colby Cave, Jake Debrusk and Coda Gordon supplied the offence for the Broncos (22-15-6). Cole Sanford scored the lone goal for Medicine Hat (23-13-3), which came into the contest with back-to-back victories. Daniel Wapple gave up three goals on 21 shots for the Tigers. --- ROYALS 3 WINTERHAWKS 2 PORTLAND, Ore. — Steven Hodges scored the winner at 16:40 of the third period and Coleman Vollrath made 37 saves as Victoria handed the Winterhawks their fourth loss in a row. The Royals (28-14-2) also got goals from Axel Blomqvist and Austin Carroll. Dominic Turgeon and Layne Viveiros scored for Portland (25-15-4). Jarrod Schamerhorn stopped 23-of-26 shots in net for the Winterhawks. --- COUGARS 3 BLAZERS 1 PRINCE GEORGE, B.C. — Marc McNultys power-play goal 12:08 into the second period stood up as the winner as the Cougars beat Kamloops. Klarc Wilson and Zach Pochiro had a goal and an assist each for Prince George (16-21-5) and Todd Fiddler tacked on two assists. Cole Ully scored for the Blazers (10-27-4), who sit last in the Western Conference. Ty Edmonds made 19 saves for the Cougars while Taran Kozun kicked out 37-of-40 shots for Kamloops. --- ROCKETS 4 GIANTS 2 KELOWNA, B.C. — Myles Bell scored twice and set up one more as the Rockets doubled up Vancouver. Carter Rigby and Justin Kirkland also scored for Kelowna (33-4-2), which has won 17 of its last 18 contests, and Jesse Lees had two assists. Alex Baer and Cain Franson scored for the Giants (20-15-7), who had their three-game win streak halted. Jordon Cooke made 21 saves for the Rockets while Payton Lee turned aside 32-of-36 shots for Vancouver. --- CHIEFS 3 SILVERTIPS 2 (OT) SPOKANE, Wash. — Mike Aviani scored twice, including the winner, and added an assist as the Chiefs slipped past Everett. Aviani scored 56 seconds into extra time for Spokane (25-13-2) while Jason Fram had a goal and an assist. Jujhar Khaira and Carson Stadnyk scored for the Silvertips (23-13-5), who fall to fifth in the Western Conference standings one point behind the Chiefs. Spokanes Eric Williams made 31 saves for the win as Everetts Austin Lotz kicked out 37-of-40 shots in a losing cause. ' ' '
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