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troutman · 09-12-2014, 08:41 AM

I have not been following the case and the evidence that closely. Seems to me if it was reasonably "possible" Oscar thought it was an intruder, the Judge could not conclude premeditated murder, and had to go with a lesser count of manslaughter. It is hard to prove a circumstantial case beyond a reasonable doubt.

Did he "probably" murder her? That seems likely, but likely is not as high a standard as beyond a reasonable doubt.

I'm also assuming the law in South Africa is similar to ours.

09-12-2014, 08:41 AM	#171
troutman Unfrozen Caveman Lawyer Join Date: Oct 2002 Location: Crowsnest Pass Exp:	I have not been following the case and the evidence that closely. Seems to me if it was reasonably "possible" Oscar thought it was an intruder, the Judge could not conclude premeditated murder, and had to go with a lesser count of manslaughter. It is hard to prove a circumstantial case beyond a reasonable doubt. Did he "probably" murder her? That seems likely, but likely is not as high a standard as beyond a reasonable doubt. I'm also assuming the law in South Africa is similar to ours. Last edited by troutman; 09-12-2014 at 08:43 AM.