Oscar Pistorius - Sentencing - 7.6.2016

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No Reeva's parents don't own the case. The state owns the case and only the state can appeal the case to the SC.
 
Hope4More said:
Soft spot? Or maybe she sees the matter more holistically than most. OP has in fact lost everything that was important to him, just as she said, and has no chance of ever regaining his reputation or a livelihood based on what he once was.

The State overreached in accusing him of premeditated murder, and there was zero evidence of DV. OP shot recklessly at what he thought was an intruder. He deserves to be punished for that recklessness, and he has been, and will pay more in time behind bars.
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She has punished him for recklessness, but he was found guilty of murder.
 
You have to admit - this is all pretty mind-boggling. How often does a judge get it so spectacularly wrong in 2/2 judgments on the same case.

Here's another SA attorney again on that palpable sense of WTF just happened. ...

Tyrone Maseko ‏@tyronemaseko 5m5 minutes ago
The more I think about it & read a little the more I'm convinced that the sentence does induce a sense of shock #OscarPistorius
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Meanwhile Dadic describes the decision as an insult, presume he means to Nel


( Tweets aren't pasting properly....)
 
Beesknees said:
I only ask- Can Reeva's parents appeal if they want? This judge and her sentence are a joke...
Thank you.
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no , its up to the State, the National Prosecuting Authority if they want to Appeal the sentencing ,
 
Madeleine74 said:
The SC decided what OP did was murder and convicted him of that. The sentence needs to follow the guidelines of that conviction. Masipa's sentence does not follow the minimums. OP 'losing everything important to him' is not the point. He hasn't lost his freedom for more than a couple years with this sentence, which is exactly the point. His feeling sorry also isn't the point. He committed a murder and nothing is going to change that. The sentence needs to reflect the gravity of the conviction, otherwise why bother convicting him at all? In essence what she's done is give him another lax culpable homicide sentence, in contradiction to the SC conviction.
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Agree
She's sentenced him on more having been negligent killing , and SCA ruling was that the 4 shots and how they were grouped and the excessive force , showing level of intent ,had to be taken into account, and she didn't.
 
cottonweaver said:
You have to admit - this is all pretty mind-boggling. How often does a judge get it so spectacularly wrong in 2/2 judgments on the same case.

Here's another SA attorney again on that palpable sense of WTF just happened. ...

Tyrone Maseko ‏@tyronemaseko 5m5 minutes ago



Meanwhile Dadic describes the decision as an insult, presume he means to Nel


( Tweets aren't pasting properly....)
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It is mind boggling really isn't it. I don't think she is stupid, though she does seem to not be qualified to high court level, and I don't think at all that she is corrupt. All I can think of is that she has sympathy for him and looked for ways to lessen the sentence as much as possible. Sympathy is fine from a bunch of middle aged women who stand outside a courthouse waving white balloons but it shouldn;t be coming, at least not the the extent of clouding judgement, from the most powerful woman in that courtroom.
 
Cloen said:
She had an opportunity to put her previous wrongs right
she chose not to and ignored the Supreme Court's ruling
Very Appealable, here's hoping !
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BIB my only concerns are firstly, what you have said before re MAYBE they would have been happy with 8 ( IDK the verification on that prior quote) Regardless, if Nel thinks he could only get up to 10...11 with the SCA reviewing this, will he be allowed to pursue an Appeal by the NPA?

second - IIRC didn't we find out many moons ago , here on WS that sentencing is harder to appeal due to the subjectivity of it.
Appeals on s are less successful, statistically - obv they still do happen....

Someone here will remember
 
I think she's willful, has her own opinions, and demonstrates oppositional behavior. She knows what she's doing and she doesn't care because it's what *she* thinks is best, and it's what *she* wants, based on her feelings. And no SC is going to tell her different. This sentence is a kind of thumbing of the nose to the SC's decision. She was still in charge and she made her play.
 
By the way,

I posted a couple of days ago, wtte, if Masipa goes easy on him, ok he gets to serve whatever derisory sentence she gives, but once complete, he actually has to PAY all over again.

OP is forever stuffed :turkey:
His surroundings maybe lavish, but he's still stuffed with this sentence.

Due to it's very leniency (if there is no legal correction through Appeal) he will forever be the murderer who got off lightly.

So there is some bizarre retribution in this injustice after all. She has just condemned him to a life-time of ignominy where he will never be seen to have paid his dues.



Anyway
I cannot begin to imagine how badly the Steenkamp family are feeling

even Nel, I have heard Prosecutors say , how it's taken them years to get over some cases that didn't get the right outcome.
 
JudgeJudi said:
Does anyone else have the problem I'm having when copying and pasting tweets. They never used to look like they do in my post at the top of the page before. I can't delete the bold and the text appears twice.
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JJ, on the odd occasion I have wanted to use one, I drop it into Word and edit it.
 
Madeleine74 said:
I think she's willful, has her own opinions, and demonstrates oppositional behavior. She knows what she's doing and she doesn't care because it's what *she* thinks is best, and it's what *she* wants, based on her feelings. And no SC is going to tell her different. This sentence is a kind of thumbing of the nose to the SC's decision. She was still in charge and she made her play.
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I think she was also thumbing her nose at the general public who had continued to heap so much criticism on her ever since her first verdict and judgment. I think Tillie the Manatee turned into Thokozile the Black Mamba.
 
cottonweaver said:
By the way,

I posted a couple of days ago, wtte, if Masipa goes easy on him he serves whatever derisory sentence she gives but once complete, he has to PAY all over again.

OP is forever stuffed :turkey:
His surroundings maybe lavish, but he's still stuffed with this sentence.

Due to it's very leniency (if there is no legal correction through Appeal) he will forever be the murderer who got off lightly.

So there is some bizarre justice in this injustice after all. She has just condemned him to a life-time of ignominy where he will never be seen to have paid his dues.



Anyway
I cannot begin to imagine how badly the Steenkamp family are feeling

even Nel, I have heard Prosecutors say , how it's taken them years to get over some cases that didn't get the right outcome.
Click to expand...


I agree, he will be a pariah and a target once he is on the street again. I can see lots more fights in the future.
 
Duchy said:
http://news.sky.com/story/1722468/oscar-pistorius-case-could-see-one-more-twist
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From your link:
And, according to our eagle-eyed legal expert Llewelyn Curlewis, a former acting judge and also chair of the Law Society Criminal Law Committee, under Section 276 (3) (a) ii of the Criminal Procedures Act, there is a possibility that the Paralympian could be out of jail after serving just one year of his new sentence.


JMO
The entitlement family has had their eye on the free bird prize the moment Reeva took her last breath.


 
Interested Bystander said:
I agree, he will be a pariah and a target once he is on the street again. I can see lots more fights in the future.
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Many here believe that Arnold will pass down or pass on millions to OP and he will be rich, but I don't know about that. I think that Arnold has kids and grand kids too, and the family wasn't generous with OPs mom and dad, left them to fend for themselves actually. I have no idea what life will be like after prison... But fights? Yup. I think his convicted felon status will also have a huge impact on career opportunities.

He is the most hated man in South Africa though for sure, or certainly in the Top Ten! :smile:
 
Marfa Lights said:
I think she was also thumbing her nose at the general public who had continued to heap so much criticism on her ever since her first verdict and judgment. I think Tillie the Manatee turned into Thokozile the Black Mamba.
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I kept thinking OJ trial Judge Ito for some reason.
 
Sherbert said:
She has punished him for recklessness, but he was found guilty of murder.
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What do you make of this remark by Masipa (if it has been transcribed correctly)-- "closer to dolus eventualis"? Closer to??

http://www.news24.com/SouthAfrica/News/live-oscar-pistorius-to-hear-his-sentence-20160706

According to the State, the court should still deliver a long sentence, as the crime bordered on dolus directus. I disagree.

The finding of the SCA was that the accused had been found of a crime closer to dolus eventualis. (Emphasis mine)
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