Category Archives: Ethics

Mitigating Oscar: What we can learn from Pistorius and the commonwealth in cases of fatal domestic violence

“The discharge was accidental M’Lady. I believe that someone was coming out. I believed the noise that I heard inside the toilet was somebody coming out to attack me or take my life” (3309-3310)

Dwarfed by the enormity of his crime, Oscar Pistorius cut a much diminished figure in cross examination, seemingly a man murmuring practiced excuses in the shadow of an offence so grave the Supreme Court of Appeal of South Africa would come to call it a “tragedy of Shakespearian proportions” (Leach JA in Director of Public Prosecutions, Gauteng v Pistorius (96/2015) [2015] ZASCA 204. Continue reading Mitigating Oscar: What we can learn from Pistorius and the commonwealth in cases of fatal domestic violence

R v Jogee – The rise and fall of “Joint Enterprise”

At paragraph 11 of the Judgment of the Supreme Court in R v Jogee Lord Neuberger reflects that when it comes to joint enterprise criminality “Numbers often matter”. This was a succinct statement of the value of manpower in organised or gang criminality, though it may be a fitting epitaph for a Judgment where the public are encouraged to believe that the numbers now supposedly able to appeal their convictions will see a sort of common-law inspired renaissance in violent crime. Continue reading R v Jogee – The rise and fall of “Joint Enterprise”