Oscar Pistorius has been found NOT GUILTY of premeditated murder - TopicsExpress



          

Oscar Pistorius has been found NOT GUILTY of premeditated murder of his girl friend. In considering the charge of culpable homicide, the Judge however found him negligent and will likely convict him of culpable homicide when the reading of the judgment resumes tomorrow. Culpable homicide under South Africa law is the equivalent of manslaughter in Britain, the United States and Southern Nigeria. It is known as culpable homicide not punishable with death under the Penal Code applicable to Northern Nigeria. Upon conviction for culpable homicide under South African law, the trial judge has a discretion on the term of sentence which may be up to 25years. It could also attract a suspended sentence in which case the convict will merely be committed to community service instead of a jail term. By Section 317 of the Criminal Code Cap. C38 LFN 2004 which is applicable to Southern Nigeria, a person is guilty of manslaughter if he unlawfully kills another in such circumstances as not to constitute murder. Section 315 of the same Criminal Code prescribes life imprisonment as punishment for manslaughter. One can easily observe from this trial the contrast between the South African and the Nigerian legal system cum judicial process. Oscar Pistoriuss trial has been concluded within 6months. Were it to be in Nigeria, the trial would have taken up to 2 or more years especially if it involves a celebrity or high profile persons. It is even unthinkable for a Nigerian Big Man to be brought to justice. Secondly, the court room in Pretoria where Pistorius stood trial is sophisticated and well equiped with modern communication gargets and computers. This sort of modernization is a taboo in Nigeria. Our court rooms are nothing to write home about.
Posted on: Thu, 11 Sep 2014 13:05:53 +0000

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