12-03-2015, 11:55 PM
It's not a dumb question at all, rams.
In South Africa, both the defense and the prosecution can appeal a judge's verdict.
In the Pistorius case, the prosecution appealed Judge Masipa's verdict on the basis that she erred in applying the law.
The Supreme Court agreed with the prosecution and ruled that if the law had been applied correctly to the evidence presented in the case, Pistorius would have been found guilty of murder. The Supreme Court directly corrected the lower court's error by ruling him guilty of murder and they will re-sentence him accordingly.
(If the Supreme Court had instead ordered that Pistorius be retried, the defense could have objected on the grounds of double jeopardy IF no new evidence had been produced since the first trial.)
In South Africa, both the defense and the prosecution can appeal a judge's verdict.
In the Pistorius case, the prosecution appealed Judge Masipa's verdict on the basis that she erred in applying the law.
The Supreme Court agreed with the prosecution and ruled that if the law had been applied correctly to the evidence presented in the case, Pistorius would have been found guilty of murder. The Supreme Court directly corrected the lower court's error by ruling him guilty of murder and they will re-sentence him accordingly.
(If the Supreme Court had instead ordered that Pistorius be retried, the defense could have objected on the grounds of double jeopardy IF no new evidence had been produced since the first trial.)