Discussion Thread #60 - 14.9.12 ~ the appeal~

[JudgeJudi]

Barry Bateman @barrybateman · 2m 2 minutes ago

#OscarPistorius this means the state will appeal the culpable homicide conviction and argue Pistorius should be convicted of murder. BB

 

[Mr Fossil]

??? She's thrown out the application to challenge her sentence??

If he's found guilty of murder he'll get minimum 15 years

 

[Mr Fossil]

I wonder if the State will take Count 4 further? It seems to me that the police have a problem if it's allowed to stand. Perhaps the law needs tightening up.

 

[zwiebel]

So this is important, I think? Judge Masipa has opened the door for case law to be set and some overdue clarification on longstanding anomalies in the legal system?

Or not?

 

[JudgeJudi]

Barry Bateman @barrybateman · 10m 10 minutes ago
#OscarPistorius Masipa: the main points argued by counsel was whether the state raised questions of law or questions of fact. BB


Barry Bateman @barrybateman · 8m 8 minutes ago
#OscarPistorius Masipa: I’m persuaded that the state’s questions are questions of law. BB

Tough luck Roux. A rose does not a summer make.

 

[zwiebel]

That was a very short hearing but with some big news.

The judge has given the state leave to appeal against Pistorius’s acquittal on the charge of murder.

But the state was not given permission to appeal against the five-year sentence imposed, nor against the acquittal on the charge of possessing illegal ammunition.

http://www.theguardian.com/world/live/2014/dec/10/oscar-pistorius-judge-appeal-murder-acquittal-live

 

[lisasalinger]

Ok, so the appeal will be on the conviction only, not on sentence.

If the appeal next year ends up being successful, and he is then convicted of Eventualis, does he automatically have to spend the full 5 years in prison or is he still eligible for early parole? Does anyone know?

 

[zwiebel]

Barry Bateman @barrybateman · 10m 10 minutes ago
#OscarPistorius Masipa: the main points argued by counsel was whether the state raised questions of law or questions of fact. BB


Barry Bateman @barrybateman · 8m 8 minutes ago
#OscarPistorius Masipa: I’m persuaded that the state’s questions are questions of law. BB

Tough luck Roux. A rose does not a summer make.

It cannot be!!!!

 

[soozieqtips]

If he's found guilty of murder he'll get minimum 15 years

I caught the very last part on Sky and assumed she was throwing out the entire application. So it's kind of irrelevant she's disallowed the sentence to be appealed if he ends up being convicted of murder?

 

[JudgeJudi]

Mandy Wiener @MandyWiener · 6m 6 minutes ago
#OscarPistorius Masipa has also ordered the State to pay defence costs for the sentence appeal

Mandy Wiener retweeted
David Smith @SmithInAfrica · 5m 5 minutes ago
Spoke to Henke #Pistorius who said: "I don't want to say anything before it's decided, but it shouldn't have gone this far."

 

[saraomar]

This is ridiculous! The ammo appeal denied - shocking!

Sentence appeal - denied - why? Because she cannot bear for him to be in jail!!! He WILL be let out in 10 months!!!!! I am sure of it! It's up to the commissioner??? Haha! He will be bought!!!

Verdict appeal granted - doesn't verdict and sentence go hand in hand???? So if verdict was wrong, if found by SCA....how can sentence NOT BE???????

I am fuming.........

 

[emirates1957]

*sigh* I'm still living on the JA thread too.... I seem to recall a few years after the OJ trial where I actually had a life for awhile. :/

It's certainly addictive I love my WS. I found myself on the Jonbenet site between trials, and am currently waiting on a JA book so I have something to go on with. I was so excited last night to hear and see Nel - I could watch him every single day. There are some brilliant minds on this forum….each and every post fascinate and inspire me in search for justice. I feel very grateful.

 

[Mr Fossil]

Ok, so the appeal will be on the conviction only, not on sentence.

If the appeal next year ends up being successful, and he is then convicted of Eventualis, does he automatically have to spend the full 5 years in prison or is he still eligible for early parole? Does anyone know?

Minimum for DE is 15 years as I understand it

 

[zwiebel]

That not guilty verdict on illegal possession of ammo verdict is just surreal. I can't comprehend why that appeal wasn't granted. What if it had been cocaine?

 

[JudgeJudi]

Mandy Wiener @MandyWiener · 22m 22 minutes ago · 21m 21 minutes ago
#OscarPistorius Despite the massive public interest in this case, Masipa emphasises that all are equal before the law and its not relevant.


All are not equal before the law in Masipa's court and it is relevant IMO.

 

[L2L]

Why would she throw out the sentence appeal, if, as Mr Fossil says (and I would also have expected), if he's found guilty of murder he'll get minimum 15years anyhow? Does her decision achieve anything? Have any value?

Does Pistorius remain in prison now?

 

[saraomar]

That not guilty verdict on illegal possession of ammo verdict is just surreal. I can't comprehend why that appeal wasn't granted. What if it had been cocaine?

I done get it either!!!! As Nel said, so everyone can have a gun/ammo in their house without a license and claim it's someone else's if caught????

How on earth is this possible?????? In SA????? Where guns are everywhere?????

 

[Fuskier]

http://www.enca.com/oscartrial
2014/12/10 18:33
Judge Masipa: the degree of public interest is a case is not relevant and cannot determine the outcome.
This appliaction will be treated on its own merits.
2014/12/10 18:38
Masipa dismissed State's bid to appeal the sentence.
2014/12/10 18:38
Masipa: although Nel argued that the sentence was shockingly light, I am not convinced that the sentence was shockingly inappropriate.
2014/12/10 18:36
The State has argued that there is a reasonable prospect that another court would come to a different conclusion.
2014/12/10 18:36
Judge Masipa: while I agree that a sentence should do justice to the community and the parents of the deceased, it seems to me that once a court has excercised its views the views of the public are irrelevant.
2014/12/10 18:45
Masipa grants permission to State appeal the conviction, based on questions of law.
2014/12/10 18:45
Masipa dismisses the application to appeal the sentence.
2014/12/10 18:43
Judge Masipa goes through previous case law.
2014/12/10 18:42
Masipa: in this case we are dealing with a matter which is not an easy one.
2014/12/10 18:50
The appeal could have a significant effect on the law going forward. It will provide some clarity on how the principal of dolus eventualis should be applied.
2014/12/10 18:48
Judge has concluded her verdict. The state will now have to go to the Supreme Court of Appeal to get clarity on how courts should look at the question of dolus eventualis.
2014/12/10 18:55
Keep track of furture developments with the case by visiting out Oscar Pistorius coverage.
http://www.enca.com/coverage/oscar-pistorius-case
2014/12/10 18:53
Five judges sit "en banc" or collectively to hear cases in the Supreme Court of Appeal. There will be no witnesses, only legal arguments from the State and the defence.
2014/12/10 18:51
If the Supreme Court of Appeal agrees that Pistorius should have been convicted of murder, his sentence will change.

 

[zwiebel]

Daniel Williams ‏@Danielclearcut 5 mins5 minutes ago

#OscarPistorius father Henk just told me that #oscar is doing ok in prison. "He is strong he has got to be strong. He grew up like that."

 

[Lux et Veritas]

Cold, sobering thoughts must race through Oscar’s head these long, lonely days.

Here he is, already serving time in the slammer - and now facing the very real prospect of doing even more prison time ... for murder. 15 years has got to be terrifying.

Worst of all for him - the trial’s done, no amount of puking and wailing will do him any good now.

For a control freak used to controlling every aspect of his life (and others), this must be the ultimate hell.

As he decided Reeva’s fate, so others will decide his.