The Mental Element in Murder: Reflections on the Pistorius Case: Christopher Forsyth

The trial of Oscar Pistorius for the murder of his girlfriend Reeva Steenkamp aroused worldwide media interest. From the beginning Pistorius claimed that he had no intent to kill Reeva because when he fired the fatal shots her he thought he was firing at an intruder. And so whether he had the necessary intent to kill became a crucial issue in his trial.

In this video Professor Christopher Forsyth describes the South African law on intent to kill and explains how it differs from the relevant English law. In particular he explains how South African law rejects all forms of “transferred malice” and the significance of this for the Pistorius trial.

Although Ms Justice Thokozile Masipa in her judgment gives an exemplary account of the South African law, there is a curious departure from orthodoxy in her application of the law which may render her judgment vulnerable to appeal by the prosecution.

Professor Christopher Forsyth is Professor of Public Law and Private International Law in the University of Cambridge, and Extraordinary Professor of Law in the University of Stellenbosch. For more information about Professor Forsyth, please refer to his profile at http://www.law.cam.ac.uk/people/academic/cf-forsyth/31

Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty.

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