Tussinelda
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dabei seit 2011
dabei seit 2011
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Tussinelda schrieb:putative self defense ist längst nicht vom Tisch, hatte ich doch erklärt und belegt ;)Dann kriegt er Höchststrafe für Notwehr. 15 Jahre, weil Mord nicht nachweisbar.
Until his testimony, this was Pistorius’s defence. I say “until his testimony”, because during his testimony, he seems to be claiming that he fired at the toilet door by accident. This is vastly different – a claim of “accident” amounts in law to a claim of involuntariness. The defence of involuntariness is well recognised – examples include movement during an epileptic seizure and sleepwalking. The essence of the defence is that your mind did not direct or control your conduct. His testimony seems to be raising this defence. In Tasha’s, the gun in his hand simply went off by itself. His claim is he did not pull the trigger.
This is not, at least, at odds with what he has said before on this firearms charge because his testimony is, to my knowledge, the first indication of his defence on this charge.
However, on the murder charge, his defence, until his testimony, has been that he mistakenly thought he was entitled to act in self defence. This, as I’ve said, is a valid defence. Yet in his testimony, he seems to be changing his defence. He seems to be claiming that the discharge of his firearm was an accident or at the very least, that his conduct was not under the control of his mind. This is again a claim that the gun had gone off in his hands, but he had nothing to do with it.
This seems to keep happening to Oscar.
http://criminallawza.net/ (Archiv-Version vom 17.04.2014)
Tussinelda schrieb:er will ab Donnerstag eine Pause bis 5.MaiAlso am Donnerstag ist nochmal Verhandlung falls sich MyLady dafür entscheidet oder nicht?