Al­ways an ex­cep­tion

Weekend Argus (Saturday Edition) - - COMMENT -

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.

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.