08-08-2014, 12:23 PM
VERDICT DELIBERATIONS
At the end of closing arguments today, Judge Masipa announced that she would deliver the verdict on the morning of September 11th 2014.
HERE ARE THE POSSIBLE VERDICTS AND SENTENCES:
Guilty of premeditated murder: Judge Masipa finds Pistorius intended and planned to unlawfully kill Reeva Steenkamp or an intruder. She finds that Pistorius had a row with Steenkamp and went to get his gun to shoot her, or that he heard what he thought was an intruder and decided in a fury to kill the intruder.
Sentence: This charge carries a mandatory life imprisonment sentence, with a minimum term of 25 years before the convict is eligible for parole. It could be that the judge finds Pistorius guilty only of murder, only referring to premeditation at sentencing.
OR
Guilty of murder: Judge Masipa finds that Pistorius intended to unlawfully kill Steenkamp or an intruder in the heat of the moment but without “malice aforethought”. In all cases of murder, she will have to consider whether it was a case of dolus directus, that it was Pistorius's aim and objective to unlawfully kill Steenkamp, or dolus eventualis, that by shooting at the lavatory door, he foresaw the possibility that he might not be legally entitled to shoot the intruder he believed was inside, or that he foresaw the possibility that Steenkamp could be harmed but accepted the risk and did so anyway.
Sentence: Sentences can range from suspended to life but the judge has considerable discretion depending on what she believes happened, and will take into account ordinary sentencing considerations such as previous convictions, the level of remorse, the potential for rehabilitation and the likely effects of custody.
OR
Guilty of culpable homicide (manslaughter): Judge Masipa finds there is a reasonable possibility that Pistorius did not intend to kill Steenkamp and thought he was tackling an intruder. But she finds his actions were negligent and not in keeping with those of a reasonable person who might, for example, have first checked where his girlfriend was, fired a warning shot at the lavatory door or established who the suspected intruder was and if they were armed. South African case law has it that the test of the reasonable person is not altered to take into account the attributes of the specific defendant, in this case physically disabled and possibly suffering from an anxiety disorder, but there is some debate among legal experts about whether Judge Masipa will decide to do so in this case.
Sentence: This is at the discretion of the judge. The maximum prison term is 15 years but convicts can also receive suspended and non-custodial sentences.
OR
Acquitted: Judge Masipa finds that Pistorius genuinely acted out of a belief he was defending himself, even if he was wrong, and modifies the test of the reasonable person to take into account his specific circumstances, his fear of crime and his background.
AND/OR
Gun charges:
Pistorius also faces two charges of discharging firearms in public, once through the sunroof of a car, and once under the table in a crowded Johannesburg restaurant called Tasha's.
Sentence: Both charges, which he denies, carry a maximum five-year prison sentence.
He also denies a further charge of illegal possession of ammunition. Police found .38 bullets in a safe in his bedroom. He said they were his father's and he had no gun to fire them.
Sentence: This charge carries a maximum 15 year prison term.
So, even if he is acquitted in Reeva's death, Pistorius could be sentenced up to 25 years if the judge finds him guilty of the gun-related charges.
At the end of closing arguments today, Judge Masipa announced that she would deliver the verdict on the morning of September 11th 2014.
HERE ARE THE POSSIBLE VERDICTS AND SENTENCES:
Guilty of premeditated murder: Judge Masipa finds Pistorius intended and planned to unlawfully kill Reeva Steenkamp or an intruder. She finds that Pistorius had a row with Steenkamp and went to get his gun to shoot her, or that he heard what he thought was an intruder and decided in a fury to kill the intruder.
Sentence: This charge carries a mandatory life imprisonment sentence, with a minimum term of 25 years before the convict is eligible for parole. It could be that the judge finds Pistorius guilty only of murder, only referring to premeditation at sentencing.
OR
Guilty of murder: Judge Masipa finds that Pistorius intended to unlawfully kill Steenkamp or an intruder in the heat of the moment but without “malice aforethought”. In all cases of murder, she will have to consider whether it was a case of dolus directus, that it was Pistorius's aim and objective to unlawfully kill Steenkamp, or dolus eventualis, that by shooting at the lavatory door, he foresaw the possibility that he might not be legally entitled to shoot the intruder he believed was inside, or that he foresaw the possibility that Steenkamp could be harmed but accepted the risk and did so anyway.
Sentence: Sentences can range from suspended to life but the judge has considerable discretion depending on what she believes happened, and will take into account ordinary sentencing considerations such as previous convictions, the level of remorse, the potential for rehabilitation and the likely effects of custody.
OR
Guilty of culpable homicide (manslaughter): Judge Masipa finds there is a reasonable possibility that Pistorius did not intend to kill Steenkamp and thought he was tackling an intruder. But she finds his actions were negligent and not in keeping with those of a reasonable person who might, for example, have first checked where his girlfriend was, fired a warning shot at the lavatory door or established who the suspected intruder was and if they were armed. South African case law has it that the test of the reasonable person is not altered to take into account the attributes of the specific defendant, in this case physically disabled and possibly suffering from an anxiety disorder, but there is some debate among legal experts about whether Judge Masipa will decide to do so in this case.
Sentence: This is at the discretion of the judge. The maximum prison term is 15 years but convicts can also receive suspended and non-custodial sentences.
OR
Acquitted: Judge Masipa finds that Pistorius genuinely acted out of a belief he was defending himself, even if he was wrong, and modifies the test of the reasonable person to take into account his specific circumstances, his fear of crime and his background.
AND/OR
Gun charges:
Pistorius also faces two charges of discharging firearms in public, once through the sunroof of a car, and once under the table in a crowded Johannesburg restaurant called Tasha's.
Sentence: Both charges, which he denies, carry a maximum five-year prison sentence.
He also denies a further charge of illegal possession of ammunition. Police found .38 bullets in a safe in his bedroom. He said they were his father's and he had no gun to fire them.
Sentence: This charge carries a maximum 15 year prison term.
So, even if he is acquitted in Reeva's death, Pistorius could be sentenced up to 25 years if the judge finds him guilty of the gun-related charges.