Quote:
Originally Posted by MarkC1984
I said all the way along murder. Whether it was a pre meditated one or not, it was still murder. He used a gun instead of the cricket bat. That poor woman, I can only imagine what she was thinking whilst in that bathroom.
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While I don't know about the South African legal system, I do have a little knowledge of ours. My mum's friend's son was killed after a night in a (usually) quiet little local pub. The killer was caught, arrested and convicted of ABH.
Why ABH rather than Murder? According to the Policeman investigating the case it was because although the killer had gone to a quiet local pub in a very safe area for a night out carrying a flick knife, they could not conclusively prove he had gone out with the intention of killing someone. So, the CPS went for ABH as it gave the best chance of securing a conviction and custodial sentence.
In short, in our legal system at least, for a killing to be a Murder, you have to be able to show intent to kill.
Also, bear in mind that parts of South Africa are extremely violent. An ex-colleague of mine is South African and when he used to come out drinking with us, he often used to tell stories of his childhood, which seemed to consist of spending his days sitting just outside his grandfather's shop, shotgun laying on his lap.
While I am not defending Pistorius at all, if the country is as violent as I have been told, I can understand wanting to own a shotgun, and I can understand the paranoia that might lead you to believe that a strange noise in your bathroom is an intruder.