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Getting Away With Murder? - The Oscar Pistorius Trial

A South African Judge determined that Oscar Pistorius was not guilty of premeditated murder, after firing four fatal shots into his bathroom with his girlfriend, Reeva Steenkamp inside. The judge had to decide between “dollus eventualis” (common murder), culpable homicide or acquittal after clearing Pistorius of the premeditated murder charge.

The Judge assessed the facts in light of the doctrine of the lesser charge of “dollus eventualis”. 

Dollus eventualis dictates that under the law, you are responsible for the foreseeable consequences of your actions. This would imply that Pistorius would be guilty of this crime as on firing those shots, at that height it was foreseeable that the person behind the door could have been killed.

However, Pistorius was being tried for the murder of Reeva Steenkamp and as he believed that she was asleep in his bedroom, it was not reasonably foreseeable that he could have killed her. This meant that he was finally convicted of culpable homicide. 

However, it has ben speculated that had Pistorius been tried under Scot’s Law, he would be determined guilty of the much more serious crime of murder.

In Scot’s law, the required intent (mens rea) for the crime of murder is satisfied either by wicked intent or by “wicked recklessness” – a wicked disregard for the consequences of your actions. 

In Cawthorne v. HM Advocate 1968 S.L.T. 330 (HCJ). Lord Justice General Clyde spoke of the “wicked recklessness” doctrine;

“The reason for this alternative being allowed in our law is that in many cases it may not be possible to prove what was in the accused's mind at the time, but the degree of recklessness in his actings, as proved by what he did, may be sufficient to establish proof of the wilful act on his part which caused the loss of life."

The difference in Scot’s law is the doctrine of wicked recklessness,  which appears to go one step further than dollus eventualis in holding those who wickedly and recklessly carry out actions, which result in fatality, to account  for such actions. This implies that it would be determined under Scot’s law that Pistorius acted with wicked recklessness in firing shots at such a height to cause injury to the person behind the door and would be convicted of the murder of Reeva Steenkamp. 

Contact our Criminal Solicitors in Fife 

 If you require specialist criminal defence advice on murder, culpable homicide charges or any other matter, give us a call on 01383 730466 (Dunfermline) or 01592 640680 (Kirkcaldy) or contact us online here.

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