15 year sentence is not automatic, the Mandatory Sentencing Act has a proviso (like most law!) that minimum sentences are still discretionary under certain special or mitigating circumstances. I've quoted it it somewhere on WS but am sure someone has the Act.
If Pistorius gets murder, dolus...
Thanks for all the good posts. Still patiently following along.
I am pleased there is an well-written appeal from the prosecution, uncertain about it's success. Reading other appellate decisions by SA courts does not lead one to much confidence in the law, unfortunately. There are systemic...
A good article on how five years for sentencing is entirely wrong.
It's written by Toronto-based lawyer*
"In Canada, Mr. Pistorius would likely be a labelled a murder and face life in prison. Why? Because here you are guilty of murder if you cause injury that is likely to be fatal, and are...
Justice is “what is in the public interest and not want society wants.”
“Society can not always gets what they want. It is not a popularity contest the courts are to perform justice.”
“The general may not know the difference between justice and vengeance.”...
Masipa: A pregnant women would be sentenced for jail if it was warranted. It would be wrong for this country if there was one law for the poor and another for the rich and famous.
There was a feeling of unease on my part as I listening to witness and another placing an over-emphasis on...
So dismissive, a telling reworking of the truth and Steenkamp's career. Modelling is a serious career BTW...world in general, Judge Masipa and anyone else that throws out these types of condescending statements.
Spent an extremely short time on Kim Martins victim impact statements. Hm, I've...
Judge Masipa goes through the mitigation witnesses -
Mitigation: Dr Hartzenburg, she met accused in 2013, referred by a colleague for grief counselling (Dr Micki Pistorius?) in her report she states the accused had PTSD and depression. Had to cancel sessions because he was too *boohoo*
Lost...
A lot of apologetic equivalence, "subjective", "not a perfect exercise", "imprecise and imperfect", "there will always be a range of appropriate sentences"...
Wow, way to make a society feel secure.
Listening to David Dadic on EWN and he was just being critical about Judge Masipa ruling on the ammunition possession how that should also be on appeal for clarity.
I'm trying to write quickly on my phone but here a few quick points about the Pistorius siblings latest interviews. Three!
Will review again and if we have time before sentencing, discuss in greater detail.
1. Obvious attempt at reputational management and public relations. Control the...
It may be a longish reading, Judge Masipa will go through her reasoning about whatever sentence she decides. Different judges have different approaches but I assume she will cover the points she thinks are salient between defence and prosecution arguments. She may cover the triad of Zinn as a...
"@barrybateman: @SMothiane certainly not - the siblings gave interviews to 3 reporters “they felt comfortable with”, @RobynCurnowCNN being one of them."
Oh, what not a surprise. Carl and Aimee peddling their spin on the eve of sentencing to Robyn Curnow of CNN and Karyn Maughyn who...
Excellent, thank you for the list.
Just watching Legal Analyst Brenda Wardle now: https://www.youtube.com/watch?v=dGtIvH75YmI
She first mentions a case that the appeals court overturned from murder to culpable homicide. Roux uses that case in his sentencing HOA. It's a tragic circumstance -...
Many people, especially black South Africa, have been tweeting and commenting about Barry Roux's inappropriate misreading of ubuntu for Oscar Pistorius.
Here's writer and commentator Eusebius McKaiser's take on ubuntu, prison and Oscar Pistorius...
I think Roux did say something like 'in that regard Pistorius is a victim'? Perhaps anyone here remembers it more clearly...?
Haven't finished all of the 'Accused Heads of Argument of Sentence' but there is too much hubris, manipulation and far too many incorrect statements - quite hard to...
http://www.biznews.com/oscar-pistorius-trial/2014/07/pistorius-guilty-can-appeal-win/
This article has been posted a few times before. An interview with David Dadic and Ulrich Roux, written before the judgement, therefore it focusing on an assumption the defence appealing a guilty verdict.
Now...
I'm curious about this as well. Also, I'm exasperated that this 'settlement' issue has been created and amplified by Roux and Pistorius at that stage of mitigation - manipulative and damaging to a devastated family. Shows Pistorius true level of interest in Steenkamp's family...namely they're...
After my second to last post (Nel had been talking about the ammunition, circumstances and that defense was using "handicap" to "handicap the court) I had to go away.
Just came back for Nel's last comments before end of session.
I thought he was searing, impassioned and doing well before I...
Nel's up to say: "Its a fact Milady, there are no rails in the shower and the bath then if you can get by with a bench than you could get a bench to any prison.
Both counsel are finished -
Masipa thanks the counsel and says she is very impressed in the way they assisted this court.*...
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