Culpable Homicide


I'm no expert on South African law - but I suspect the term 'culpable homicide' has the same broad meaning the world over.

To me it means that someone accused of culpable homicide has caused another person's death - but has done so without malice or intent.

Now this a sensible aspect of the law although it is subject to abuse - since it is quite common for criminals to argue to argue that their actions were unintentional - that the deceased person  'ran on to the knife', for example.

Or that they fought back against their and died in the struggle - so their death was 'accidental'.

If the dead person was on their own - which is not unusual - then the accused person is often the only witness which can make it more difficult to secure a conviction - without other  evidence capable of undermining the 'accidental' version of events.

Yet in the case of Oscar Pistorious - I fail to see how his defence lawyers managed to keep a straight face when they argued that their client should face only a charge of culpable homicide - and not murder for killing Reeva Steenkamp.

Because even taking Oscar's story at face value - he shot four times through a toilet door a point blank range with a powerful handgun.

Which was clearly a deliberate act and he must have understood the likely consequences - for anyone on the other side.

So even if you swallow Oscar's version of events - his intent was surely to kill the person on the other side of the toilet door - albeit his 'mistake' lay in not realising that the person he was shooting at - was his girlfriend, Reeva.

And that's before anyone starts to look critically at the rest of his incredible story - about shuffling around on his backside allegedly in mortal fear for his life - without noticing that Reeva Steenkamp was not in bed but had got up and gone to use the bathroom.

I'm sure that much more evidence will come out when Oscar finally stands trial - but to my mind Oscar's behaviour and that of his family - has treated Reeva Steenkamp and her family with huge disrespect.         

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