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@cee-dee wrote:

I agree that the prosecution presented their case badly.

 

I think they should have been a bit more focussed on his lack of care and rashness in shooting through a door before establishing who might have been in there.

 

What I mean is, even in a moment of shock/surprise, wouldn't you normally call out to someone to "come out"?

 

Why shoot through the door? Why would a burglar lock the door and stay in there? Why shoot at a height which might hit someone? Why no warning shot? Why shoot at all?

 

The prosecution focussed on trying to establish that he knew who was in there and intended to kill her instead of leading in to it moment by moment.

 

I don't know what the Law is in South Africa, but here, a defence of "self defence" would hold good if one shot was fired, four shots shows intent?

 

Here, if you're threatened/attacked by an intruder, hit him once and he's dead, you could plead self-defence. Hit him multiple times and you're likely to face a charge of murder.

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I'm sure you are right.

Of course OP was charged with murder, as was Barry-Lee Hastings who stabbed a burglar 12 times.  In that case the jury found him not guilty of murder but guilty of manslaughter.

http://www.dailymail.co.uk/news/article-143147/Father-jailed-killing-burglar.html