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Culpable homicide: What is it - and what is the maximum sentence Oscar Pistorius faces? | Culpable homicide: What is it - and what is the maximum sentence Oscar Pistorius faces? |
(35 minutes later) | |
Oscar Pistorius has been found guilty of culpable homicide, the South African equivalent of manslaughter in English law. | Oscar Pistorius has been found guilty of culpable homicide, the South African equivalent of manslaughter in English law. |
Despite being cleared of murdering his girlfriend, Reeva Steenkamp, this means the athlete could still be imprisoned for shooting her dead at his home. | Despite being cleared of murdering his girlfriend, Reeva Steenkamp, this means the athlete could still be imprisoned for shooting her dead at his home. |
Judge Thokozile Masipa is expected to give the sentence shortly. | Judge Thokozile Masipa is expected to give the sentence shortly. |
Defined as “unlawful or negligent killing”, the offence of culpable homicide does not require intent or premeditation. | Defined as “unlawful or negligent killing”, the offence of culpable homicide does not require 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 now faces up to 15 years in prison after the culpable homicide conviction, 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. |