Judges double Oscar Pistorius' sentence to 13 years, 5 months - 24. Nov. 2017

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[FONT=&amp].."the Supreme Court breached his right to a fair trial‚ because it "impermissibly disregarded or ignored material factual findings" the Pretoria High Court made.

[/FONT][FONT=&amp] it is argued that the Court only had the right to interfere if it concludes‚ on the basis of those facts‚ "that there was still a misdirection sufficient to vitiate the sentence".[/FONT]
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“When this occurs‚ the appellate court is exceeding its powers and breaching the rights of an accused to a fair trial," it is claimed.[/FONT]
[FONT=&amp]
"The question of the powers of and approach adopted raises an arguable point of law of general public importance‚ which ought to be considered by this [Constitutional] court."

https://www.insidethegames.biz/arti...onstitutional-court-appealing-murder-sentence
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"His legal team argue Pistorius is “being deprived of parole”‚ because it is being considered on the basis of his sentence of 13 years and five months and not the full 15 years.
They believe the SCA did not take Pistorius’ disability and anxiety disorder into account when he believed there was an intruder in the bathroom.
“The fact that his (Pistorius’) perception did not meet objective criteria for rationality did not convert his actions into an evil intent nor did it eradicate his incorrect irrational subjective belief.”

https://www.timeslive.co.za/news/so...al&utm_source=twitter.com&utm_campaign=buffer
 
What? he had no evil intent, is that what he's trying to say? His kind of murder was different from the general kind?

He's gotta be kidding. Oh yeah, and he is remorseful, promise, your honour. It's just that he murdered with better intent than others do.
 
After all this time and he's STILL showing no remorse. Not forgetting the fact that he gave that absolutely pitiful walk in court and, given the opportunity to do so, never explained why he shot 4 times. That ACT deserved an academy award. What a shame the court never got to see the video where he demonstrates how quickly he's able to move on carpet with arm extended holding a gun. I very much doubt the ConCourt will grant him leave to appeal. I wish a court would add a further 5 years for all the valuable court time wasted. I wonder if his Dad is stumping up the money ... pardon the pun.
 
Tortoise said:
"His legal team argue Pistorius is “being deprived of parole”‚ because it is being considered on the basis of his sentence of 13 years and five months and not the full 15 years.
They believe the SCA did not take Pistorius’ disability and anxiety disorder into account when he believed there was an intruder in the bathroom.
“The fact that his (Pistorius’) perception did not meet objective criteria for rationality did not convert his actions into an evil intent nor did it eradicate his incorrect irrational subjective belief.”

https://www.timeslive.co.za/news/so...al&utm_source=twitter.com&utm_campaign=buffer
Click to expand...

I thought it was found that he did not have an anxiety disorder ?!!!
 
OP was injured (well, he sustained a bruise, if you can call that an injury) in a prison brawl after allegedly starting a fight with another inmate “he knows well” while waiting to use a pay phone.

The fight could see him lose privileges such as access to the jail tuck shop and the phone that started the fight.

At the moment he is still classified as 'low risk', but may be re-classified if an investigation finds that he was the one that started the fight.

The other man is also detained on the special care unit 'where inmates with special needs and different sexual orientation are held for their own protection'. (I wouldn't be at all surprised if he fits into both these categories)

'As standard operating procedure regarding cases of alleged assaults, the Department of Correctional Services has launched an internal investigation into the matter to establish the facts and to ensure that appropriate action is taken as incidents of assault are not allowed. We want to know that proper security protocols were followed by prison staff.

He’s still being held at the 'relaxed' Atteridgeville Correctional Centre, near his wealthy family's sprawling compound but could face a return to the notorious maximum security facility Kgosi Mampuru II where he served his first year behind bars.

Atteridgeville only houses inmates who are serving a maximum of six years, and has upgraded facilities, including ensuite bathrooms for prisoners with special needs.

http://www.dailymail.co.uk/news/article-5170395/Oscar-Pistorius-injured-prison-brawl.html

He shouldn't be at Atteridgeville now that his sentence has been increased. A leopard doesn't change its spots and it was only a matter of time before his true colours started to emerge. He thinks he's so tough but he always comes off second-best when he's involved in an altercation with other males.
 
[....]

“What is the constitutional aspect here?”
Alexander asked, making clear that this attempt is only an application for leave to appeal and not an automatic right to. “They have to first convince the Constitutional Court that they have a right to be heard.
[...]
And they must say that the sentence is so disproportionate or shocking that no reasonable court could have imposed it. “But the minimum sentence legislation for murder is 15 years.”
Click to expand...

https://citizen.co.za/news/south-af...team-will-battle-expert/#.WjyUW99jggc.twitter
 
I think the ConCourt will deny him leave to appeal and will sayhe has no prospects of success just as they did when he was convicted of murder and appealed. He's been resentenced with the minimum for murder less time served and the decision of the SCA was unanimous.

The problem for him is that he still thinks he's special and entitled to be treated differently. All I can say is I think he'll be treated very differently once he's finally released, and I'll bet he doesn't like it one little bit.

Hopefully we'll know their decision by the end of January or shortly thereafter.
 
Mjonondwana says: “As the NPA we can confirm that the Constitutional Court application papers for leave to appeal for Oscar Pistorius were filed at the NPA North Gauteng offices on the 18th of December and we will be filing our opposing papers on the 26th of January 2018.”

http://www.sabcnews.com/sabcnews/pistorius-appeal-will-dismissed-npa/
 
Pretoria - It is clear from Oscar Pistorius’ submissions to the Constitutional Court that his application is based on questions of fact, in the disguised form of Constitutional issues.


This is according to the prosecution, which on Thursday filed its opposing papers in the paralympian’s latest bid to approach the highest court in the country to appeal his prison sentence for the murder of his girlfriend Reeva Steenkamp.


A senior State advocate attached to the office of the Director of Public Prosecutions (DPP) in Pretoria, David Broughton in an affidavit said the mandate of the ConCourt is to rule on Constitutional matters and not criminal matters where a person merely disagreed with the sentence meted out to him.

more to read at link

https://www.iol.co.za/news/south-af...12934194?utm_source=twitter&utm_medium=social
 
OP is being allowed to remain at Atteridgeville Correctional Facility, a prison for non-violent offenders despite his conviction for murder. This prison houses inmates serving sentences of up to only six years – less than half of Pistorius' punishment - and the decision to spare him a return to a maximum security jail is bound to prompt accusations that he is receiving special treatment. He has now been at this facility for two years. His cell, like his hospital cell at Kgosi where he was previously incarcerated, has a specially adapted en-suite bathroom and he is allowed to grow his own food in the extensive gardens. A spokesman said that when an offender’s sentence is altered, a security assessment is done. He has been classified as low risk and it has been decided that he can remain in the relaxed, family atmosphere of Atteridgeville which only houses 1,000 prisoners.

Do any WS members who followed OP’s trial remember the story of Ronnie Fakude? You can read about him here. People around the world were outraged when they read of his plight. He was ultimately released into home detention while awaiting trial and was fitted with an electronic monitoring device on his ankle. This poor man was only facing fraud charges, a far cry from murder. As a convicted murderer, OP can hardly be described as a non-violent offender, and to this day he has shown no remorse whatsoever. If Fakude, who was severely disabled, was in Kgosi Mampuru, why isn’t OP? To suggest it’s because he’s a disabled double amputee is farcical. He should have been returned to his cell in the hospital wing at Kgosi where he already had an en suite bathroom which had been constructed especially for him. OP normally wears his prostheses, but he is quite capable of walking and running on his stumps, whereas Fakude couldn’t walk at all. Fakude couldn’t use a toilet even if one was available just for him. As he didn’t even have the “luxury” of a wheelchair, he had no way of manoeuvring himself onto a toilet. This poor unfortunate man had to wear nappies.

OP is so disabled that he can go and tend his own private vegetable patch in “extensive gardens”. Compare his disability to that of Fakude. We’ve seen OP run on his stumps, and we’ve also seen the shocking pity walk he put on at his sentencing hearing rather than explain why he fired 4 shots. Who could ever forget that. Once again, it was all about him ... this time as the victim.

The comments made by Curlewis don’t bear repeating. During OP’s trial he predicted a number of things, all of which were wrong. In the above article he said, 'Undoubtedly Pistorius is regarded as a special case, not because he is famous, or now notorious, but because he is a double amputee and that means he needs special care and consideration’. Now this facility too has also gone to the expense of setting things up for him properly.

I don’t like to see anyone suffer, but the special treatment doled out on a regular basis to OP just makes me sick. He always has and still does believe that he’s “special” and for some reason he’s always treated accordingly. Why do they do it?

http://www.dailymail.co.uk/news/article-5330667/Oscar-Pistoriuss-special-treatment-bars.html
 
I just remembered #93 above, and in particular, "The other man is also detained on the special care unit 'where inmates with special needs and different sexual orientation are held for their own protection'. (I wouldn't be at all surprised if he fits into both these categories)".

Maybe he really does fall into the second category. Have you considered this? There is circumstantial evidence to support this possibility. If Reeva discovered his secret that night, it would certainly be cause for a huge argument and everything else that followed. It would also have been a very good reason why she took his phone into the toilet, why he was desperate to get it back, and the reason he killed her ... to stop her from revealing his secret. Remember, image was everything, even to the point where he told her not to chew gum in public etc.

This would also explain why Carl removed the phone from the house and wiped it ... because it revealed the motive.
 
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