Oscar Pistorius - Discussion Thread #67 *Appeal Verdict*

[mrjitty]

I read somewhere that there could be a suspension (incorrect terminology but cannot remember what it was) of up to 5 years of the sentence but cannot find it now .

I have never heard of a suspended sentence for murder but i saw that lawyer mentioned it

 

[mrjitty]

No, suspension was the incorrect word. It is where a prisoner serves a large part of his sentence but he is freed from jail on the condition he commits no further crime in whatever was the timsescale prescribed which could be up to 5 years.

Is this not parole?

One is released early - subject to parole conditions.

If you commit other crimes or breach your conditions - you go back to jail

Suspended sentence is where the sentence is not active in the first place - but you have to be on good behaviour

Its more usual for more minor offences

So you might get 2 years prison for assault - but suspended for 2 years

 

[Madeleine74]

Everyone should just prepare themselves for OP to be out of prison until whenever (next year) and then to have a sentence that is less than what is expected.

 

[krkrjx]

My gut tells me this may still go to the constitutional court and OP may just have his verdict dropped down to CH due to his disability.

When the SCA overturned Masipa's ruling and said this was murder, most on this board were pleased with the new verdict and said that 5 learned judges made the right decision.

If the CC was to overturn the SCA verdict based upon disability, I'm wondering if people would accept the ruling of this group of learned judges?

I consider such things on a case by case basis.

Not all disabled persons are equal in how they deal with their disability and Pistorius has always rallied against being considered disabled. He has accomplished far more physical feats than most people do, even people with legs. That he would now choose to demand consideration of poor mobility because of no legs does not wash with me. Pistorius is known as the blade runner. He has never let his disability stand in his way and for him to use it now as a plea that he should not have to pay the price for his crime is disgusting.

One simply cannot just lump all disabilities together and this man has proven over and over that he can rise above his disability. To claim that he is totally disabled only when it suits him to make such a claim is two-faced and if any group of judges decides as such then, no, I will not accept their ruling.

 

[Trotterly]

I consider such things on a case by case basis.

Not all disabled persons are equal in how they deal with their disability and Pistorius has always rallied against being considered disabled. He has accomplished far more physical feats than most people do, even people with legs. That he would now choose to demand consideration of poor mobility because of no legs does not wash with me. Pistorius is known as the blade runner. He has never let his disability stand in his way and for him to use it now as a plea that he should not have to pay the price for his crime is disgusting.

One simply cannot just lump all disabilities together and this man has proven over and over that he can rise above his disability. To claim that he is totally disabled only when it suits him to make such a claim is two-faced and if any group of judges decides as such then, no, I will not accept their ruling.

I seems odd to try to claim that OP's abilities with his prostheses on bear any relation to his abilities with them off.

As far as I know he holds no records for running on his stumps.

 

[44ALLAN]

Everyone should just prepare themselves for OP to be out of prison until whenever (next year) and then to have a sentence that is less than what is expected.

Well I've gotta say I'm already feeling sorry for the guy I really am.

But hey.............I felt sorry for the rat I put a slug thro it's head at my bird table this morning !!

I have 2 daughters................one won't speak to me at the minute the other said' yeah get in' !!
Go figure that one out.

I feel sorry for him tho to be honest but I would happily pull the lever if given the opportunity I really would.......sorry for being so morose everyone but..........................well we shouldn't be talking jail time here he executed her fgs !

 

[krkrjx]

I seems odd to try to claim that OP's abilities with his prostheses on bear any relation to his abilities with them off.

As far as I know he holds no records for running on his stumps.

I believe he will be allowed to have them on in prison so no reason why his disability should prevent him from serving time for his crime.

From an article published in 2014:

Extraordinary video has surfaced showing Oscar Pistorius reenact what he says happened the night he shot his girlfriend, model Reeva Steenkamp, dead.

...

He can even be seen walking backwards, and putting on his prosthetic legs in just 25 seconds. He also demonstrated how Reeva Steenkamp lay in the bathroom after he shot her, saying, "Her head was like this."

...

The Olympian riveted the world with his speed and grace. Now, we see him in a very different way, getting around without his prosthetic legs.

http://www.insideedition.com/headli...of-oscar-pistorius-reenacting-night-of-murder

 

[Susza]

Man, I'm reading this, that and the other thing. ??? Wouldn't it be funny if OP ends up serving less time for murder than for CH?

:laughing::laughing:

 

[LemonMousse]

I seems odd to try to claim that OP's abilities with his prostheses on bear any relation to his abilities with them off.

As far as I know he holds no records for running on his stumps.

Absolutely right.

Without his legs he is extremely disabled. Very, very vulnerable.

With his legs, he can compete alongside able-bodied people at the Olympics and carry a 9 stone woman down two flights of stairs.

Rather odd, then, that he wouldn't take the 20 seconds (probably less in a hurry) necessary to pull on the legs that were right next to him when he "heard the noise" and felt himself to be in mortal danger.

Wasn't thinking clearly, eh? Except he was. That excuse won't wash anymore.

 

[Val1]

BIB

I did accept Masipa's ruling of CH and felt that was appropriate.
I also watched and read the SCA's judgement and can understand their rationale for murder. I also accept this and have no issue with this as OP received a fair trial and the decision was unanimous.

But I don't feel this is the end of the case. In the SCA judgement, Leech does say "The fact is that different judges reach different conclusions and, in thelight of an appeal structure, those of the appellate court prevail"

So if this does go to the CC, I can see an argument around the reasonable man test and the need to have a reasonable disabled man test. I think there is also a possibility of the CH verdict being restored as I believe what Masipa did was relate to OP's disability with her own health issues and in turn applied an incorrect (at this point in time) version of the reasonable man test.

This case has been much more than just a CH/murder trial.

It's been about defining:

1. Circumstantial evidence
2. Dolus Eventualis

and we may now get a new definition in South Africa for the reasonable man test, who knows?

BBM Hopefully should they do devise this, it will also make the distinction apply to gun owners.

 

[Viper]

Everyone should just prepare themselves for OP to be out of prison until whenever (next year) and then to have a sentence that is less than what is expected.

Everyone should just prepare themselves that OP may be under house arrest or may be remanded in to custody until January and then be handed and serve a mandatory 15 year sentence for Murder. There, fixed it for ya!

 

[Madeleine74]

Better to prepare for disappointment and be surprised and thrilled at a desirable outcome than to assume OP will be hauled away immediately and spend 15 yrs in prison only to be shocked at Masipa or whoever being soft on him again.

 

[Deleted member 102539]

Posted by nick van der leek on Twitter. Hope am not violating any policies, never posted pics screenshots before, apologies In advance!

View attachment 85368

Thank you, I had been interested and didn't find the tweet! - Is that Leah ...?

 

[Trotterly]

Better to prepare for disappointment and be surprised and thrilled at a desirable outcome than to assume OP will be hauled away immediately and spend 15 yrs in prison only to be shocked at Masipa or whoever being soft on him again.

I'd be surprised if a SA got a hefty sentence for shooting an intruder.

 

[mister happy]

Better to prepare for disappointment and be surprised and thrilled at a desirable outcome than to assume OP will be hauled away immediately and spend 15 yrs in prison only to be shocked at Masipa or whoever being soft on him again.

At this point, I would consider it a miracle if he does 5 years of actual prison time.

 

[soozieqtips]

I'd be surprised if a SA got a hefty sentence for shooting an intruder.

There was an intruder?

 

[Paul_1900]

So yet again we have one more :bed: (Oz time).

See you all tomorrow. I'm getting my voodoo doll out again but this time I'll be using darning needles.

:rolling:
Made my day. Cross fingers it works

 

[jilly]

I read sometime last year that Uncle a was pretty fed up with how much the legal fees were (sounds as though he might have been coughing up as well as OP, unless he was sorting the finances on OP's behalf) and he was going to have the charges taxed and assessed. Again it was a newspaper report and one can never be sure of the complete truthfulness of the articles.

This is another section of the article I posted earlier about Roux not charging fees.

[FONT=&]http://www.news24.com/Archives/City-Press/Oscars-R175-million-legal-headache-20150430[/FONT]
[FONT=&]“A sourceclose to the family said there was “definitely great unhappiness” about the legal fees which were “much higher” than the family expected.[/FONT]
[FONT=&]Pistorius’ uncle, Arnold Pistorius, has told family members he is considering having the bill “taxed and assessed”.[/FONT]
[FONT=&]Any client unhappy with their legal costs can approach the Taxing Master of the court for a “taxation of costs”. The legal team would need to justify the reasonableness of the costs being claimed, and the issue is then decided by the Taxing Master.[/FONT]
[FONT=&]A source close to the legal team says Arnold Pistorius has refused to cover the outstanding amount, believing his nephew should be responsible for the bill.[/FONT]
[FONT=&]But Pistorius – who was estimated to earn about R20? million a year before the 2012 London Olympics – has no more money, so the bill has been sent to his uncle.[/FONT]
[FONT=&]City Press understands there was tension between Roux and Arnold Pistorius, who tried to influence the direction of the case but was told to butt out. A source close to the legal team said his opinion was not welcome, given his refusal to settle outstanding fees.”[/FONT]

Well of course, we know that Arnold is not obligated to pay Roux anything unless he entered into some agreement initially.
I can certainly believe that Arnold would have been hot-tipping the defense tho.

I can't forget about Roux's remarks to Nel at the end of the end of arguments for the Appeal when he was unknowingly recorded on air. Think maybe the s**t hit the fan after that?

I don't think we'll see Roux again after the sentencing.

 

[LaLaw2000]

OP's disability is different in my opinion than someone who lost his/her legs in an accident or whatever. OP was born this way and from birth learned the different ways of coping with it. IMO, his life would be no different in prison as far as the ability of using his stumps or his prosthetic legs.

House him in the medical wing if they have to but put this MURDERER in prison for a very, very long time!!!

MOO

 

[Greater Than]

My gut tells me this may still go to the constitutional court and OP may just have his verdict dropped down to CH due to his disability.

When the SCA overturned Masipa's ruling and said this was murder, most on this board were pleased with the new verdict and said that 5 learned judges made the right decision.

If the CC was to overturn the SCA verdict based upon disability, I'm wondering if people would accept the ruling of this group of learned judges?

Having a physical disability does not EVER excuse one of murder.

There isn't one law for able-bodied people, and another for disabled people.