Weekend Argus (Saturday Edition)

Always an exception

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I AM NOT a lawyer but have read extensivel­y on the topic of dolus eventualis and believe that it is incumbent on us to note that we are having a chicken- and- egg debate in the context of the Oscar Pistorius case, with prosecutor Gerrie Nel arguing that dolus eventualis always suffices to convict the accused of murder, and Judge Masipa arguing that it sometimes suffices to convict the accused of murder, and at other times leads only to a verdict of manslaught­er.

Nel is too impressed by the logic of his argument to see that there is always is an exception to the rule.

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