Oscar Pistorius could end up in mental institution: Report

Oscar Pistorius could end up in mental institution: Report
Published: 2014 June 14 08:35:04 (9999 Views)
Oscar Pistorius could be committed to a mental institution against his will if experts decide that he was "mentally incapacitated" when he shot Reeva Steenkamp according to a report in theweek.co.uk.

The athlete is currently being assessed by three psychiatrists and one psychologist at Weskoppies Psychiatric Hospital to determine his mental state when he fired at his girlfriend on Valentine's Day last year.

Judge Thokozile Masipa sent him for the 30-day evaluation after defence witness Dr Meryl Vorster diagnosed him with "generalised anxiety disorder".

The results could mean a shorter prison sentence for Pistorius if he is convicted or it could mean he has fewer grounds for appeal.

Either way, the outcome is likely to have a big impact on how the trial will proceed.

If the expert panel decide Pistorius was "mentally incapacitated" when he shot Steenkamp, it could mean that he was unable to control his actions because of an underlying mental disorder.

In this case, the trial would end and Pistorius would be committed to a mental institution against his will until he is found not to be a danger, reports CNN.

Professor Stephen Tucson, a criminal barrister in Johannesburg, said that the experts are more likely to look at whether Pistorius has a disorder that "diminished" his capacity for criminal responsibility.



In that case, the trial would resume, and the experts' finding would be taken into consideration during sentencing if he were found guilty.

This would be the favoured option for the defence as it would mean Pistorius might be judged less harshly.  

While murder and premeditated murder have mandatory jail terms, the sentencing for culpable homicide is discretionary, varying from fines to prison time of up to 15 years.

For Pistorius to be convicted of the lesser charge of culpable homicide, Judge Masipa would have to believe that Pistorius did not plan or intend to commit murder but that he "negligently" killed Steenkamp.

Alternatively, the experts might decide that Pistorius's mental health was not an issue at all and the court could therefore disregard the evidence of Dr Vorster.

Prosecutor Gerrie Nel is likely to be rooting for this option, as it would mean Pistorius could not use his mental state as a defence or a mitigating factor in sentencing.

Part of the reason Nel called for the evaluation in the first place was that he feared the defence could later use Pistorius's mental state to appeal against any conviction.

A full state evaluation that gives him a clean bill of health would make this much more difficult.



Source - theweek.co.uk

 0

You May Like These Videos

Comments

| Comment With Facebook Submit

There are no comments.

News Big Reads

Bird Box finally unveils unknown monsters

by Metro | 2019 January 06 00:20:32 | 7921 Views

Man in critical condition after 'blowing himself up while trying to raid ATM'

by June Mpofu | 2018 December 11 19:39:39 | 17402 Views

Murder suspect pretending to be mute loses voice from underuse

by June Mpofu | 2018 December 11 19:39:46 | 13618 Views

Harrods accidentally sold £1,000 bags for less than £10

by June Mpofu | 2017 December 16 15:42:54 | 13415 Views

Rapper 'whips out' manhood on Instagram

by June Mpofu | 2017 October 31 08:36:03 | 15076 Views

Woman raped in the street as people walk past

by June Mpofu | 2017 October 27 22:04:42 | 15631 Views

Student who inhaled 360 laughing gas canisters in a week may never walk again

by June Mpofu | 2017 October 20 08:05:52 | 15426 Views

Poet tweets that she was raped by SA musician

by Hope Freedom | 2017 October 07 23:02:51 | 15978 Views

Dog bites off chunk of woman's face

by June Mpofu | 2017 September 23 09:04:56 | 14916 Views

Man jailed after tricking children into abusing young relatives

by Prince Cox | 2017 September 06 08:00:14 | 16244 Views

'I gave lift to a ghost' says taxi driver

by June Mpofu | 2017 September 04 18:39:39 | 31690 Views

Son 'stabbed mum to death and ate her heart with a side of chutney'

by June Mpofu | 2017 September 01 20:10:25 | 16865 Views

'Cannibal tired of eating human flesh' hands himself in

by June Mpofu | 2017 August 24 07:59:37 | 15202 Views

Man cut off pregnant girlfriend's nipples with a pair of scissors

by June Mpofu | 2017 August 20 10:24:38 | 16559 Views

Pregnant woman murdered in 'satanic ritual'

by June Mpofu | 2017 August 20 01:27:16 | 17469 Views

No diplomatic immunity for Grace Mugabe after 'splitting open model's head'

by Hope Freedom | 2017 August 15 08:30:38 | 20436 Views

8-year-old dies after cousin dares her to drink boiling water through straw

by June Mpofu | 2017 August 05 10:10:31 | 17261 Views

Girl, 14, was raped twice in one night by different men

by June Mpofu | 2017 July 29 17:06:36 | 16692 Views

Girl, 10, told she can't have abortion after being raped by uncle

by Hope Freedom | 2017 July 22 16:54:59 | 17229 Views

Obsessive woman chases police car helping boyfriend escape her

by June Mpofu | 2017 July 15 21:27:10 | 14011 Views

Man hijacked while peeing

by June Mpofu | 2017 July 08 10:46:55 | 20495 Views

Disabled woman tied to tractor and beaten to death by mob

by Hope Freedom | 2017 July 03 23:10:47 | 21421 Views

Man spends 5 years renovating boat, it sinks as soon as it goes on water

by June Mpofu | 2017 June 30 22:42:43 | 14051 Views

Woman paralysed after having sex

by June Mpofu | 2017 June 26 21:03:25 | 16649 Views

Woman cuts off boyfriend's privates 'after he refused to marry her'

by Prince Cox | 2017 June 24 20:36:31 | 21350 Views

Cancer patient charged with plotting to kill doctors

by June Mpofu | 2017 June 08 09:57:59 | 14976 Views

Former Premier League star dies after collapsing in training

by June Mpofu | 2017 June 05 18:08:44 | 21442 Views

Mugabe 'will decide who goes to heaven' says Zanu-PF youth leader

by June Mpofu | 2017 June 03 09:04:32 | 15192 Views

Daughter had sex with father to stop him from marrying fiancee

by June Mpofu | 2017 June 01 17:52:29 | 16392 Views

Man splits from wife who raped him as boy

by June Mpofu | 2017 May 31 11:53:24 | 18684 Views

Human head trial set to go ahead after delay

by June Mpofu | 2017 May 30 21:23:34 | 15013 Views

American girl, 11, forced to marry rapist

by June Mpofu | 2017 May 29 14:28:03 | 17064 Views

Fed up residents hold Mayor hostage

by June Mpofu | 2017 May 25 08:51:43 | 15835 Views

Homeless hero who pulled nails out of children's faces is given a home

by Prince Cox | 2017 May 24 20:11:55 | 16655 Views

Heartbroken wife dies after husband's mistress sent her indecent pictures

by Prince Cox | 2017 May 22 08:35:57 | 37158 Views

Father jailed after raping daughter for 20 years

by Hope Freedom | 2017 May 20 09:51:11 | 18564 Views

Driver miraculously unharmed after lorry completely crushes his BMW

by June Mpofu | 2017 May 20 09:59:37 | 14824 Views

Saddam Hussain arrested for pretending to be Osama Bin Laden

by June Mpofu | 2017 May 16 23:42:36 | 14355 Views

Student left with painful scars after tattoo removal goes wrong

by June Mpofu | 2017 May 15 20:45:37 | 18073 Views

Three people die of Ebola in the Democratic Republic of Congo

by June Mpofu | 2017 May 12 15:31:35 | 15195 Views

'Shoplifter' bleeds to death after falling on 'stolen' bottles

by June Mpofu | 2017 May 09 21:49:08 | 18310 Views

82 Chibok schoolgirls freed by Boko Haram

by June Mpofu | 2017 May 07 09:19:48 | 35854 Views

Woman arrested after biting love rival's privates

by June Mpofu | 2017 May 06 19:03:59 | 14549 Views