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| Culpable homicide: What is it and what is the maximum sentence Oscar Pistorius could face? | |
| (35 minutes later) | |
| Oscar Pistorius has been cleared of murdering his girlfriend, Reeva Steenkamp, but the athlete could still be imprisoned for shooting her dead at his home. | Oscar Pistorius has been cleared of murdering his girlfriend, Reeva Steenkamp, but the athlete could still be imprisoned for shooting her dead at his home. |
| Judge Thokozile Masipa will today decide whether he is guilty of culpable homicide, which is the South African equivalent of manslaughter. | Judge Thokozile Masipa will today decide whether he is guilty of culpable homicide, which is the South African equivalent of manslaughter. |
| Defined as “unlawful or negligent killing”, the offence does not need intent or premeditation. | Defined as “unlawful or negligent killing”, the offence does not need intent or premeditation. |
| Ms Masipa ruled that prosecutors had failed to prove their case that the 27-year-old intended to kill his girlfriend after an argument. | Ms Masipa ruled that prosecutors had failed to prove their case that the 27-year-old intended to kill his girlfriend after an argument. |
| “The state has not proved beyond reasonable doubt that the accused is guilty of premeditated murder,” she said. “There are just not enough facts to support such a finding.” | “The state has not proved beyond reasonable doubt that the accused is guilty of premeditated murder,” she said. “There are just not enough facts to support such a finding.” |
| Judge Thokozile Masipa reads her verdict during the Oscar Pistorius trial in Pretoria Pistorius’ lawyers argued that the former Paralympic gold medallist acted in self-defence, believing an intruder was in the bathroom, and felt vulnerable because of his disability. | Judge Thokozile Masipa reads her verdict during the Oscar Pistorius trial in Pretoria Pistorius’ lawyers argued that the former Paralympic gold medallist acted in self-defence, believing an intruder was in the bathroom, and felt vulnerable because of his disability. |
| But Ms Masipa said he had not acted “reasonably”, adding: “I am of the view that the accused acted too hastily and used excessive force. It is clear that his conduct was negligent.” | But Ms Masipa said he had not acted “reasonably”, adding: “I am of the view that the accused acted too hastily and used excessive force. It is clear that his conduct was negligent.” |
| She argued that Pistorius had chosen to arm himself with a gun and “clearly wanted to use the firearm” when there were other ways of dealing with the threat. | She argued that Pistorius had chosen to arm himself with a gun and “clearly wanted to use the firearm” when there were other ways of dealing with the threat. |
| "All the accused had to do was pick up the phone and ring security, or run to the balcony and call for help,” she added. | "All the accused had to do was pick up the phone and ring security, or run to the balcony and call for help,” she added. |
| Her statements suggested that she believes the key elements of a culpable homicide charge have been satisfied. | Her statements suggested that she believes the key elements of a culpable homicide charge have been satisfied. |
| Pistorius could face up to 15 years in prison if convicted, although there is no minimum sentence. The criminal offence is also used in Scotland as the rough equivalent of manslaughter in English law, and is found in Commonwealth nations including Canada, India, Pakistan and Singapore. |