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I agree - the finding of remorse is problematical, both legally and factually. Not only did the Steenkamps feel that Pistorius's apology was insincere, but, also, IMO remorse is not a compelling circumstance, as it would hardly be exceptional for a person who murdered his girlfriend in the...

Good point. I think we could now start a rolling list of objections/potential grounds of appeal: 1. No substantial or compelling circumstances to justify deviating from 15. 2. Masipa was incorrect to find remorse, given P's dishonesty, (Seegers). 3. Masipa incorrectly prioritised...

I'm not sure it's directly about being white, though. In every country it's the same - money is power. Look at OJ - he could afford the dream team, which placed him in a far better position to defend the charges against him than most. As I see it, Pistorius has been extremely lucky because...

I think Swart must still be considered to be sound, given that it was cited in the High Court only last month. Also, I'm pretty sure that even Ubuntu would require the murderer to confide in the court; otherwise, how would rehabilitation be possible? We have to bear in mind that the SCA...

Yes, and what about the reference to Pistorius still being single and nothing much having changed for him? I've read in several tabloids that he's back with Jenna Edkins and even seem to recollect reading that she'd moved in with him to provide 'comfort'. Also, what on earth was Masipa...

Because it was found by both courts that Pistorius had been dishonest, he wasn't entitled to a finding of remorse. You'll remember that the SCA held that he never gave an acceptable explanation for firing. Interestingly, I discovered earlier that he apologised to the Steenkamps in Court...

I agree - her lack of empathy for the Steenkamps is decidedly odd.

I think it assists us because Masipa - incorrectly - appears to have given priority to rehabilitation over retribution and deterrence. Also, other caselaw establishes that, as Pistorius didn't take the Court into his confidence, it wasn't open to Masipa to find remorse. As Pandax points out...

Marfa, please see para15 at the following link: http://www.saflii.org/za/cases/ZAGPJHC/2016/129.pdf It's a reference to the 2004 SCA case of S v Swart and states that serious crimes will usually require retribution and deterrence to take precedence over rehabilitation.

RSBM I tend to agree with you, Jilly. I think she has an inflexible attitude and firmly believes that her original culpable homicide verdict was correct and that the SCA were not fearless but gave in to public opinion.

Yes, there was a definite lack of clarity. She didn't spell it out, but it sounded as if, having said that public opinion should play no role in sentencing, she was, in fact, intending to treat the outrage caused by the public 'misperception' that he had deliberately killed Reeva, as a...

Quite an interesting article on Masipa's poor sentencing: www.forbes.com/sites/ericmacramalla/2016/07/07/judge-masipa-and-her-flawed-prison-sentencing-of-pistorius/#28c0835c4d0b

My thoughts exactly. What stood out for me yesterday was Masipa's palpable and arrogant disdain for the general public. Imo, she was hellbent on punishing the public, not Pistorius. What she appears completely to have forgotten is that, as a public servant, it was her duty to deliver a...

Really? The SCA didn't seem to think so when they cited it in Britz v S (889/2015) [2016] ZASCA 86 (31 May 2016). How can a person who has been found not to have confided in the court be sincere? Both courts found him to be untruthful, so it simply wasn't open to Masipa to find him...

Well, here is the law: S v Seegers 1970 (2) SA 506 (A) at 511G-H: ‘Remorse, as an indication that the offence will not be committed again, is obviously an important consideration, in suitable cases, when the deterrent effect of a sentence on the accused is adjudged. But, in order to be a...

Exactly - before there can be a finding of remorse, the accused must take the court fully into his confidence...

She has punished him for recklessness, but he was found guilty of murder.

It was as if the family were on trial for thinking he deliberately killed their daughter and refusing to meet him and regard his apology as sincere. No wonder they don't want to comment.

Piers Morgan 1h Piers Morgan‏ @piersmorgan 'Fallen hero'? Try 'angry, gun-toting maniac'. Judge behaved like a fan-girl & sentenced accordingly. Disgusting. #pistorius

Clearly, she wanted to demonstrate to the public that she's 'fearless'. Not a good mindset in a judge - her role is to ensure that justice is seen to be done...