Oscar Pistorius, das Model, der Valentinstag und das war dann Notwehr08.03.2014 um 15:04
Wer 4x durch eine geschlossene Tür schiesst, nimmt den Tod in Kauf!
......“The court has to look at the facts objectively and must make a finding if it was reasonable for the accused to think he was in danger.
“In a scenario where you hear a noise behind a door and fire a shot through the closed door knowing a human being is behind it and foresee the possibility of injuring a person, you accept the risk that you might kill someone.
If it’s totally unreasonable to think your life is in danger under the prevailing circumstances, it is murder. ”However, if the accused thought his actions were reasonable but the reasonable man would have realised that his life was not in danger, then he’s guilty of culpable homicide.
“Murder is the intentional killing of a human being while culpable homicide is the negligent killing of a person.
“On the particular facts of this case (the Pistorius case) putative private self-defence has never been successful in a South African court where the accused fired through a closed door thinking his life was in danger. In this case the door was locked, so the intruder would have had to break down the door to enter the house.
“Subjectively he could have foreseen that his life was in danger, but that is not the test. The test is, if that subjective belief was objectively reasonable and if he could have taken other preventative steps.
“The law is quite clear. If you can escape the imminent danger without putting your life in danger you have to do it. If you kill a person it must be in such severe circumstances that there’s virtually no other way open to protect your life.”.....