Welcome back everyone. It's great to see old familiar faces again.
Aggravating factors
If violence is involved, aggravating factors may be the degree and extent of the violence used, the nature of any weapon, the brutality and cruelness of the attack, the nature and character of the victim, including whether the victim was unarmed, or helpless.
Nel will use all of these. He can also add that OP pleaded not guilty and was prepared to fight all the way to the ConCourt together with lack of remorse. His behaviour since the murder certainly shows a lack of remorse as he got a new girlfriend, was out and about socialising with criminals and got into a fight plus an altercation with someone at a nightclub and was told to leave the club.
Mitigating factors
Roux can use the following in mitigation: First offence and participating in anger management courses and psychotherapy (both of which he was ordered to do) while he was in prison. However, like OP, hell offer up a plethora of excuses notably psychological assessments done by people of their choice. Its a given that time served will be deducted. Ive only read of him doing community service twice, not that its been ongoing from when it started. As for being confined for half a day in the mansion since the SCA overturned the CH verdict to one of murder, if it was anyone else they would have been incarcerated during this time so Ill be outraged if that comes into it.
The mandatory minimum sentence for murder is 15 years, however ...
If "substantial and compelling circumstances" are present to justify a lesser sentence, the court is permitted to deviate from the prescribed sentence as long as the judge provides reasons for the deviation on the record. This is not an unusual occurrence in SA.
In addition to the mandatory minimum sentence, the mandatory minimum sentencing regime also restricts the ability of judges to suspend parts of custodial sentences they impose. The Criminal Procedure Act provides that a court, after it convicts a person for a crime for which a prescribed minimum sentence is applicable, may suspend up to five years of the prescribed sentence on the basis of various conditions, including compensation, community service, submission to correctional supervision, good behaviour, or any other condition that it deems fit. The mandatory sentencing regime prohibits the suspension of a mandatory minimum sentence.
Hypothetically Masipa could reduce the 15 year sentence to 10 if she finds substantial and compelling circumstances (IMO there are none) and then deduct the year already served leaving a balance of 9. In my eyes the minimum he should get is 14, i.e. 15 less 1 year served.
Bring it on.