Oscar Pistorius - Sentencing - 7.6.2016

[mrjitty]

It was also weird how she mentioned early on how he now hated guns, sold all his and never wanted to own one again.

Pretty sure that in Australia if you are convicted of murder, and with a firearm to boot, you wouldn't have a choice about owning guns anymore.

Exactly.

Totally crazy reasoning.

 

[mrjitty]

Can the SCA actually give the sentence if it is appealed?

Sent from my SM-T550 using Tapatalk

Yes as I understand it

As they would be asked to decide

a) Whether 6 is legally valid
b) if not, what would be valid based on evidence

 

[mister happy]

I totally agree. At the very beginning of her statement, I sensed anger coming out of her. Seething anger, in my opinion. She did not seem like a calm, objective judge, like she appeared to be when the trial began, in my opinion.

Masipa simply makes me sick. Have I said that before? Yes I have lol..

 

[BeachSky]

And she didn't need to say that Barry inadvertently drew attention in his evidence to the public misconception that there'd been an argument either...just nasty...

I feel so sorry for the ear witnesses who heard the arguing. They KNOW what went down.

 

[JudgeJudi]

Karyn Maughan ‏@karynmaughan [video=twitter;750609733317435392]https://twitter.com/karynmaughan/status/750609733317435392[/video] #OscarPistorius sister Aimee runs out court in tears

BREAKING: #OscarPistorius not appealing his sentence

 

[Paul Connelly]

I reckon seeing her career is toast she decided to send a big middle finger to the public, media and SCA

I honestly don't think so. I think in good conscience she and Henzen Du Toit fell for the whole kabuki act from OP and his team from even before the trial began. I don't think she's petulant I thinks she just not astute and utterly ill-equipped to be a district judge much less a high court judge. I wouldn't even have her as a social worker she just isn't objective enough.

 

[Trotterly]

I really hope so.

For policy reasons, the SCA should review this decision, even if only to confirm its validity

Otherwise this oddity will be on the books setting an alarming but uncertain precendent

The "oddity" is the circumstances of the incident not the decision. No precedent here.

 

[katydid23]

It's after 2 am here in California...husband just came out and gave me the evil eye, have to go get some sleep...fftobed: I hope Nel comes back with a strong APPEAL while I am dreaming..

 

[Viper]

Karyn Maughan ‏@karynmaughan [video=twitter;750609733317435392]https://twitter.com/karynmaughan/status/750609733317435392[/video] #OscarPistorius sister Aimee runs out court in tears

BREAKING: #OscarPistorius not appealing his sentence

Tears of joy that a judge could be that nieve, and stupid! Like winning the lottery, I would cry too!

 

[zoran]

Bazzas attorney fee has just jumped another 300%

 

[mrjitty]

I honestly don't think so. I think in good conscience she and Henzen Du Toit fell for the whole kabuki act from OP and his team from even before the trial began. I don't think she's petulant I thinks she just not astute and utterly ill-equipped to be a district judge much less a high court judge. I wouldn't even have her as a social worker she just isn't objective enough.

But even though I agree she fell for his story - 6 years for murder with a firearm plus 4 shots is madness from a legal perspective!

 

[Madeleine74]

I knew it... Masipa was looking for the minimum amount she thought she might get away with giving him. He'll be out in three years.

 

[lithgow1]

Seems like Nel should appeal for two reasons:

- as MrJitty says to give a sentence less than half the minimum sets a dangerous precedent, and in a country where gun violence is prevalent

- the SCA are likely to be more considerate of the State's case going by their earlier ruling

And from a purely personal view, I believe Nel 'knows' what 90% of us 'know' - there was no intruder and those screams the neighbours heard were Reeva Steenkamp's

 

[cottonweaver]

Bazzas attorney fee has just jumped another 300%

Yup, he won't be replying to the Mollet Bros. open letter to him....

 

[mrjitty]

To give a comparison of light sentence - the only similar case I can recall in NZ is Gay Rosemary Oakes

She murdered her abusive spouse and buried him in the back yard

Her battered woman's defence was not legally valid, and she got life sentence but was released after 8 years served.

In that case it was accepted by the State that her husband was a nasty piece of work who routinely physically abused her for many years.

But 3 years served for murder?

Is there any precedent for that?

 

[kaos]

Seems like Nel should appeal for two reasons:

- as MrJitty says to give a sentence less than half the minimum sets a dangerous precedent, and in a country where gun violence is prevalent

- the SCA are likely to be more considerate of the State's case going by their earlier ruling

And from a purely personal view, I believe Nel 'knows' what 90% of us 'know' - there was no intruder and those screams the neighbours heard were Reeva Steenkamp's

I think he knew from witness statements that they heard the "Get the ****** out of my house" and if they heard that, then they heard Reeva's screams, that's why he had to come up with his screaming like a woman excuse.
some excuse

 

[Viper]

Looks like Gerrie Nel is about to stand up for justice and sanity, again FFS! Poor guy, love him!

 

[cottonweaver]

Seems like Nel should appeal for two reasons:

- as MrJitty says to give a sentence less than half the minimum sets a dangerous precedent, and in a country where gun violence is prevalent

- the SCA are likely to be more considerate of the State's case going by their earlier ruling

And from a purely personal view, I believe Nel 'knows' what 90% of us 'know' - there was no intruder and those screams the neighbours heard were Reeva Steenkamp's

I am wondering if her mitigatory factors really did fit , even South Africa's classic defn of Substantial & Compelling.For almost a third off the minimum? 6 years!?
Whether her reasoning for some was flimsy and her justifications for others would be deemed "trite". ( I'd have to watch it again, paying full attention and I def don't want to do that at the moment.)

BIB I did previously expect that would be included as part of deterrence when I've posted the stats on illegal gun use and rising violence. Didn't seem to be mentioned, unless I missed it.

 

[zoran]

On Manslaughter he got 5 years and now as a convicted murderer he gets 1 more year, that should teach him a lesson!!

 

[BeachSky]

Did they take him away to the prison hospital?