S v Pistorius (CC113/2013) [2014] ZAGPPHC 793 (12 September 2014)

S v Pistorius (CC113/2013) [2014] ZAGPPHC 793 (12 September 2014)

The court found that the State failed to prove beyond reasonable doubt that the accused had the direct intention or dolus eventualis to kill the deceased. The accused's version that he believed an intruder was in the toilet was reasonably possibly true, supported by objective evidence such as phone records and witness testimony. The accused acted negligently in firing four shots into a small toilet cubicle, knowing someone was behind the door, and failed to take reasonable steps to avoid the fatal consequence. Therefore, he was acquitted of murder and convicted of culpable homicide. Regarding the firearm charges, the State failed to prove the accused unlawfully discharged a firearm...

Citation
[2014] ZAGPPHC 793
Parties
Applicant: The State; Defendant: Oscar Leonard Carl Pistorius
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 September 2014
Case Number
CC113/2013
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is acquitted of murder and convicted of culpable homicide. He is acquitted on counts 2 and 4, and convicted on the second alternative of count 3 (negligent discharge of a firearm in a public place).
Judges
Masipa
Legal Topics
Culpable Homicide, Putative Private Defence, Dolus Eventualis, Firearms Control Act, Negligent Discharge of Firearm
Criminal Law Culpable Homicide Putative Private Defence Dolus Eventualis Firearms Control Act Negligent Discharge of Firearm

Case Brief

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Parties

The State

Applicant

Oscar Leonard Carl Pistorius

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused had the requisite intention to kill the deceased when he fired shots through the toilet door.
  2. 2 Whether the accused's conduct amounted to premeditated murder or culpable homicide.
  3. 3 Whether the accused was criminally liable for the discharge of a firearm in public places under the Firearms Control Act.

Ratio Decidendi

The court found that the State failed to prove beyond reasonable doubt that the accused had the direct intention or dolus eventualis to kill the deceased. The accused's version that he believed an intruder was in the toilet was reasonably possibly true, supported by objective evidence such as phone records and witness testimony. The accused acted negligently in firing four shots into a small toilet cubicle, knowing someone was behind the door, and failed to take reasonable steps to avoid the fatal consequence. Therefore, he was acquitted of murder and convicted of culpable homicide. Regarding the firearm charges, the State failed to prove the accused unlawfully discharged a firearm...

Court Disposition

The accused is acquitted of murder and convicted of culpable homicide. He is acquitted on counts 2 and 4, and convicted on the second alternative of count 3 (negligent discharge of a firearm in a public place).

Orders

  • Oscar Leonard Carl Pistorius is found not guilty of murder and discharged; instead, he is found guilty of culpable homicide.
  • On count 2 (discharge of firearm in public place), the accused is found not guilty and discharged.