Take a deep breath before reading.
Brenda Wardle@Brendawardle
Legal Analyst
s282 of the CPA deals with the antedating of a sentence in cases where a sentence or conviction is set aside on appeal.
The Court on re-sentencing (in instances where the accused has served time) may #antedate the sentence to the original date of sentencing.
I was shocked when
#BarryRoux did not raise this. However, what this means in essence is that DCS are going to have a problem with the date.
The problem DCS will be confronted with is the actual date of the 6yr imprisonment term and the accused may apply for antedating.
I
#JudgeMasipa were to receive such an application ito of s282 to correct the date of sentencing she might decide to antedate.
If Judge Masipa antedates the sentence to the original date of sentence this would mean that #OscarPistorius has already served 1/4.
Pistorius would then immediately become eligible for consideration for a recommendation for conversion of his sentence.
The
#JudgeMasipa might of course deny the application for antedating and argue that today is the sentencing date but this must be clarified.
The possibility of antedating is an even scarier thought for me as I was shocked by the sentence.