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Old 1st Dec 2014, 18:30
  #55 (permalink)  
brickhistory
 
Join Date: Jan 2009
Location: USA
Age: 57
Posts: 664
rgb, can't say.

I did not follow the trial. What I think I know:

He shot his girlfriend through a closed door.

He claimed he was in fear for his life and shot through a closed door not knowing who it was he was firing at.

Prosecution couldn't prove murder, but did prove he opened fire without knowing what/who he was aiming at.

Manslaughter sounds right in a legal sense to me.

I defer to those who either followed the trial or know the South African laws.

Con's scenario is pre-meditated and negligent. But what if Farmer Brown had hired a security guard and the same result occurred?

Things get tricky. Common sense should apply.

Things like:

Don't go into someone's house or garage without their explicit permission.

Don't shoot blindly into a darkened room without knowing what, if any, the threat is, and where that threat is.

Doper homeowner could have easily been taken out by a smarter bad guy with a gun - dark outside, blam! blam! blam! in the center of the garage, but I'm flattened against the side wall and now have a flash point to aim for.

Lots of stupid in the Montana case to go around.
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