Oscar Pistorius - Sentencing - 7.6.2016

[Hope4More]

Can someone please tell me how to block seeing certain posts? I've been here long enought to know when I need to scroll and roll but this is getting irritating!

Click on the poster's name, a menu comes up, click on "add to ignore list" or whatever, and POOF!

 

[Cloen]

The not looking was the recklessness. The recklessness has been ruled a murder. The judge sentenced him based on that verdict. It was her opinion that mitigators outweighed aggravators sufficiently to not impose a longer sentence.

Negligent kiling was the CH charge
This was Murder and the degree of intent was evident in him having fired 4 shots through a locked door when he was not under any threat to his life whatsoever
He was sentenced on the mitigating circumstances yes, but as to whether they were BOTH compelling and substantial has been called into question, and to take 9 years off for mitigation etc , to reach a sentence less than half of the minimum for Murder which is 15 years, has dropped a few jaws . This and other factors the NPA may have grounds to Appeal today's outcome

 

[Cloen]

Have not read any posts or seen news as have just got home from work, made tea and started watching Sky News (recorded from this morning.) Hope it will be the full hearing, otherwise will go to links kindly provided by cotton and others.

At this point I know nothing. See you later.

:scared:
ok good luck with that

 

[Gigi-G]

Welcome Gigi,

It could be 3 years before he is paroled - conflicting reports.

It's a shocker isn't it. Plus it took her 3 weeks to write it too!

this link has a fuller account of what she said today

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

Thankyou Cottonweaver. You saved me yet again. Im really struggling with the Judicial system right now. Im no Lawyer dont claim to be. Mine is the other end of the case. From its onset. Ive been back tracking thru threads on the BB JG case. As well as reports online. Never easy in my issue. And i thought that I'd give myself time out. As working yr mind against effects of morphine is not recommended lol.
I remembered it was OP day today so after almost a straight 12 hours of sleep im here. And lost already ha!
Dont mind me. Im just part of the furniture here,

Sent from my SM-G925F using Tapatalk

 

[ApplesInMyBra]

Oh how I wish I could have been a fly in Nel's office when they regrouped after this heap of poop that Masipa once again spewed forth!

I am in utter shock!! Masipa gave him a mere one year more than Culpable Homicide. And the whole time referred to him as "the accused", instead of THE CONVICTED MURDERER. WTF???

 

[Cloen]

JJ, I guess I must have a different Word Version to you as I have three options to paste, one being text only but it does include the Tweeter and the time.

I saw your earlier very apt post. It really does beggar belief, especially when lawyers are disturbed by today's decision.

They were all disturbed by the last conviction and sentence she gave
So alarm bells should be ringing by now, she is not competent to sit in such a powerful position
Time served Mullady, retire .

 

[Hope4More]

If you understand the laws in SA you will see that even if you believe "an intruder" has somehow entered your 2nd story house through a loo window and locked themselves into a tiny 5' area where said loo is contained and you then take a powerful gun and shoot 4 bullets through a closed door and into that loo, you

- are not actually being threatened because said "intruder" is locked behind a door. Locked away from you.
- know 4 shots from your high powered gun into that small space will likely hit the person in the space
- know any 1 of those 4 shots could be fatal and continue shooting 4 times
- knowing all that (or should know all that) you shoot anyway and (surprise) the human inside the loo is hit 3 times and killed
- were never in danger, and evidence showed that a female was heard screaming in terror from that house, in the minute before the shooting.
- could have easily left your bedroom, gotten away from this "intruder" who has locked themselves in the loo, yet you did not do that. You instead took your gun and went to the place where this "intruder" had locked themselves.

According to SA law, that is dolus eventualis, or legal intention, which is present when the perpetrator objectively foresees the possibility of his act causing death and persists regardless of the consequences. That is murder. (maybe like our 2nd degree murder in the U.S.) There is a sentencing guideline that Masipa thwarted and in order to do so she spewed a bunch of mitigators to somehow make OP more the victim than the real victim in the case. That's the long and short of it.

Thanks for the recap of relevant SA law. I'm familiar with it (layman's understanding) from following the trial and attendant debates during and then post verdict.

I just have a different opinion about Marsipa's motivations, as it were. IMO she didn't "thwart" sentencing guidelines, she simply exercised her legal judicial discretion to impose a sentence she thought appropriate.

 

[Cloen]

Oh how I wish I could have been a fly in Nel's office when they regrouped after this heap of poop that Masipa once again spewed forth!

I am in utter shock!! Masipa gave him a mere one year more than Culpable Homicide. And the whole time referred to him as "the accused", instead of THE CONVICTED MURDERER. WTF???

I know
I never saw Nel's face today
Did anyone see his expression ?
I can't find one photo of him in Court

 

[mhiforme]

Phew, Oscar's lawyers have confirmed that they won't appeal the harsh sentence that Masipa threw at Oscar. Looks like we can finally move on as Oscar continues to get punished by the courts and society at large.

 

[Cloen]

A starting point for what? The judge made a determination that OP is remorseful, which she considered mitigating, which led to a reduced sentence. Thems the facts, as is the fact the public's doubt about his remorse was irrelevant to her decision, thankfully.

deviate from the 15 years for compelling and substantial circumstances yes, but has to be both those things together, not just either or ,
But to take 9 years off the 15 , so he's given under half , no it's not being accepted very well in SA , just as her previous conviction and sentencing wasn't.
The NPA are still considering Appealling.
I hope they do, the Judge was incompetent yet again.

 

[soozieqtips]

So is it 6 years of actual prison time, or does he get parole next week??

 

[Cloen]

Phew, Oscar's lawyers have confirmed that they won't appeal the harsh sentence that Masipa threw at Oscar. Looks like we can finally move on as Oscar continues to get punished by the courts and society at large.

as if they were going to risk it, :jail:

The NPA however are considering Appealing, i hope they do.
If they don't , the man who Murdered Reeva Steenkamp is in jail stewing for perhaps up to 3 years, = tough, he got off lightly.

 

[Cloen]

So is it 6 years of actual prison time, or doe he get parole next week??

http://news.sky.com/story/1722468/oscar-pistorius-case-could-see-one-more-twist
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.

Despite the above, some have said he could serve 1/3 of his sentence, so 2 years and get parole
Others that he has to serve 3 , then apply for parole
and another viewpoint in the link above, so hard to know
But he's only got one more year for Murder Conviction than he got for the initial conviction of CH< so it doesn't make sense ,
Masipa was incompetent , has been the general consensus today---------------again.

 

[Hope4More]

Negligent kiling was the CH charge
This was Murder and the degree of intent was evident in him having fired 4 shots through a locked door when he was not under any threat to his life whatsoever
He was sentenced on the mitigating circumstances yes, but as to whether they were BOTH compelling and substantial has been called into question, and to take 9 years off for mitigation etc , to reach a sentence less than half of the minimum for Murder which is 15 years, has dropped a few jaws . This and other factors the NPA may have grounds to Appeal today's outcome

I hear you.

She was overturned on appeal for an inproper interpretation of law. If the State appeals this sentence, I'd be interested to know what in SA law, if anything, would allow her sentence to be overturned or modified.

She either has the discretion to balance mitigators vs aggravators or she doesn't. She either used legally determined and weighted mitigators or she didn't, and SA law either reflects those determinations or it doesn't.

IMO, what would be a genuine travesty would be if her sentencing is overturned because of public opinion, not the law.

 

[Gigi-G]

Yes, I am sure you are right but it will give him a few years to take on board just how despised he is.

Indeed. As going back to 2012 OP had the gained world wide acknowledgement as an astounding paralympic winning gold medals in his class of athletics. Earning the name 'Blade runner'
2 years on he was arrested and charged with murder...
Now his infamy is that of a killer.
Tables turned. Most definitely

Sent from my SM-G925F using Tapatalk

 

[Madeleine74]

I hear you.

She was overturned on appeal for an inproper interpretation of law. If the State appeals this sentence, I'd be interested to know what in SA law, if anything, would allow her sentence to be overturned or modified.

She either has the discretion to balance mitigators vs aggravators or she doesn't. She either used legally determined and weighted mitigators or she didn't, and SA law either reflects those determinations or it doesn't.

IMO, what would be a genuine travesty would be if her sentencing is overturned because of public opinion, not the law.

Would the reaction have been as calm and measured if Jodi Arias had been given a sentence that contained this level of discretion and consideration of mitigators by the judge? I suspect not even a little bit calm.

 

[lithgow1]

I hear you.

She was overturned on appeal for an inproper interpretation of law. If the State appeals this sentence, I'd be interested to know what in SA law, if anything, would allow her sentence to be overturned or modified.

She either has the discretion to balance mitigators vs aggravators or she doesn't. She either used legally determined and weighted mitigators or she didn't, and SA law either reflects those determinations or it doesn't.

IMO, what would be a genuine travesty would be if her sentencing is overturned because of public opinion, not the law.

I very much doubt that the SCA will pay much attention to public opinion when they re-sentence him in the event of an appeal.

 

[Viper]

http://news.sky.com/story/1722468/oscar-pistorius-case-could-see-one-more-twist
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.

Despite the above, some have said he could serve 1/3 of his sentence, so 2 years and get parole
Others that he has to serve 3 , then apply for parole
and another viewpoint in the link above, so hard to know
But he's only got one more year for Murder Conviction than he got for the initial conviction of CH< so it doesn't make sense ,
Masipa was incompetent , has been the general consensus today---------------again.

Alex Crawford
@AlexCrawfordSky
5h
The use of Sec 276(3)(a)ii is very exceptionally used but it has been used in the past (by Llewelyn Curlewis himself)
View details ·

It doesn't seem a likely occurance. Plus, while I am not familiar with the statute and its requirements I would tend to believe that correctional administrators would quash any attempt and tell Roux to chillax!

 

[soozieqtips]

Masipa is a total disgrace to all women who have suffered violence at the hands of someone like OP. I am shocked and disgusted at how little value she put on Reeva's life. 6 years for taking away a possible 60 years from another human being is about as insulting as it gets. And to think she was considered someone who came down hard on violence against women!

 

[Sherbert]

I hear you.

She was overturned on appeal for an inproper interpretation of law. If the State appeals this sentence, I'd be interested to know what in SA law, if anything, would allow her sentence to be overturned or modified.

She either has the discretion to balance mitigators vs aggravators or she doesn't. She either used legally determined and weighted mitigators or she didn't, and SA law either reflects those determinations or it doesn't.

IMO, what would be a genuine travesty would be if her sentencing is overturned because of public opinion, not the law.

Well, here is the law: S v Seegers 1970 (2) SA 506 (A) at 511G-H:

&#8216;Remorse, as an indication that the offence will not be committed again, is obviously an important consideration, in suitable cases, when the deterrent effect of a sentence on the accused is adjudged. But, in order to be a valid consideration, the penitence must be sincere and the accused must take the court fully into his confidence. Unless that happens the genuineness of contrition alleged to exist cannot be determined.&#8217;