Why Oscar Pistorius is not guilty of Murder but could be of Culpable Homicide.

Why Oscar Pistorius is not guilty of Murder but could be of Culpable Homicide.

 Judge Masipa giving her verdict on the Oscar Pistorius murder case.
 Judge Masipa giving her verdict on the Oscar Pistorius murder case.

Oscar Pistorius today escaped being found guilty of murder in the killing of his girl friend but could still be found guilty of culpable
homicide also known as manslaughter.
However if Pistorius is found guilty of culpable homicide,the punishment varies.The maximum sentence is 15 years in jail,depending on how Judge Masipa finds the case.He could also be placed under house arrest or just fined heavily.
Oscar Pistorius obviously would be praying for a fine or house arrest at the very worst.

Judge Masipa had said when giving her verdict today in court that Oscar Pistorius was negligent. She also said he could have run to the balcony and screamed. He could have called security.Judge Masipa said many South Africans have found themselves in the same situation or afraid of the dangers of crime like Pistorius but they didn't resort to sleeping with a gun under their pillows.
The judge also said Oscar was reckless, acted in haste and used excessive force and that he had other options but chose to use a loaded gun.
Judge Masipa said Oscar could have used his phone to call security or the police and could have run to the balcony and called for help like he did after the shooting

 It was also said that Pistorius had reasonable time to reflect and think and that there was no explanation why Oscar didn't call security before arming himself and going to the bathroom.
If he woke and found someone over him and opened fire, that would have been excusable conduct as many people suffer from crime but not everyone sleeps with a firearm under their bed
Judge Masipa also said Oscar Pistorius' conduct could be explained by looking at his past. But that does not excuse his conduct and that growing up in crime-riddled environment with a paranoid mother is just an explaination not excuse

Explains that the court must use the test of the reasonable man to determine whether Oscar was negligent.
The test for negligence: weather a reasonable person would have foreseen the reasonable possibility of the consequence.
Defence said conduct of Oscar was brought about by several factors like lack of burglar bars on windows

Judge Masipa also said she found Oscar Pistorius to be a very bad witness who was untruthful with his accounts ,but that still does not making him guilty of murder as she feels the prosecution have failed to prove this or their case beyond reasonable doubts!

 The court was adjourned and will resume at 9.30am tomorrow for the sentencing if Oscar is found guilty of culpable homicide.

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