gizmo_2655
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Australian Politics
Posts: 16010
South West NSW
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philperth2010 wrote on Dec 4 th, 2015 at 7:33am: gizmo_2655 wrote on Dec 3 rd, 2015 at 11:47pm: Setanta wrote on Dec 3 rd, 2015 at 11:28pm: gizmo_2655 wrote on Dec 3 rd, 2015 at 11:17pm: Aussie wrote on Dec 3 rd, 2015 at 10:15pm: gizmo_2655 wrote on Dec 3 rd, 2015 at 10:05pm: Alinta wrote on Dec 3 rd, 2015 at 7:25pm: Not surprised either, but very disappointed. The prosecution case never even got close to proving murder. Manslaughter was the correct verdict IMO. Pig's arse. If you reckon someone is behind a door and you shoot through the door.....what is your intent other than to put a bullet into anyone behind the door? And the definition of murder requires intent to kill a particular victim, doesn't it?? Shooting at person A and unintentionally killing person B is manslaughter, not murder. I think it's rather obvious he knew who he was shooting at. I ask you, if you thought there was an intruder in the dunny, an invader of your home, not someone you loved, who was coincidently not accounted for, before action was taken, "Hey, love, I heard something(smacks empty bed), get down beside the bed or out on the balcony, I don't want you hurt because "I'm going in!" According to his statement, he went (with his pistol) to check on a noise. When it appeared there was one or more intruders in the toilet, he then yelled at his girlfriend to stay where she was, and then told the 'intruder/s to come out or he'd shoot'. A perfectly viable series of events. There'd be no reason to wake up the other person until you knew whether the noise was a potential danger, or a tree branch tapping on the window (for example) or something equally harmless. What I don't understand is why Reva said nothing when Oscar yelled at his girlfriend to stay where she was, and then told the 'intruder/s to come out or he'd shoot'.... Why does Oscar scream like a woman....Blasting holes in someone without a clear and present threat to one's safety is murder IMO....Perhaps Oscar thought someone was going to steal his toilet paper??? Perhaps because she didn't want to let the intruder/s know where she was. And in SA, the laws are slightly different... "The right to defend yourself In common law, the controlling principle on the right to use force to defend one’s self or one’s property is proportionality: the defensive act may not be more harmful than necessary to ward off the attack. Although there are no hard and fast rules, courts weigh up the interests protected by the defensive act against the interests infringed by the unlawful attack. In determining whether a crime victim acted reasonably, the courts judge each case on its own merits. Certainly, an owner who is confronted by a robber is not expected to abandon his property. He is entitled to protect it, and the court will consider all the circumstances2 when deciding whether the means of defending the property were reasonable. This right to self-protection can provide a defence to a charge of assault or even, in some cases, murder. Our law allows you to defend yourself, another person, your property or the property of another against a current or imminent unlawful attack.3 When a person pleads private defence, his claim is that the injury he caused was, in the circumstances, lawful and permissible." https://www.issafrica.org/pubs/CrimeQ/No.8/duPlessis.htmAlso remember..this is a disabled man who thought he was the only thing between his girlfriend and a group of potential rapists and/or murderers..
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