Oscar Pistorius - Sentencing - 7.6.2016

[Hazy]

I was on twitter and was laughing so hard at the #LongerThanOscarsSentence hashtag, someone posted that it took longer to draw that cartoon! Some really funny ones there; check it out.

Here are a couple more cartoons

http://m.ewn.co.za/2016/07/07/CARTOON-Oscars-judgment


http://mg.co.za/cartoon/2016-07-07-not-just-one-oscar-pistorius

 

[JudgeJudi]

RSBM Yes Brenda knows her procedures better than any of the journalists/basic attorneys IMO

However I 'm hoping that we hear about the Appeal before we have to go here, to the worst case scenarios put forward by Wardle & Curlewis.

I think it will take a while for NPA to decide if they are going to appeal, because AFAIK from posts in 2014, it's more difficult to appeal sentences.
BUT I haven't given up - hope to have heard something by mid-July.

Must say, I feel very calm and unflustered about it all today, in contrast to yesterday's total bewilderment about what goes on in SA's courts.

I said Brenda Wardle was a legal analyst but forgot to mention that she's an advocate as well. I highly recommend reading her tweets on sentencing. You'll love them all.

 

[mhiforme]

A couple of good articles from The Telegraph, apologies if they have already been posted

http://www.telegraph.co.uk/women/li...eluded-if-he-thinks-murdered-reeva-would-wan/

http://www.telegraph.co.uk/women/li...-pistorius-show-is-over---lets-remember-what/

"Six years. Six years for a woman’s life. Or to put it another way, 2,190 days. Or 52,560 hours"

Update, 2,189 days

 

[Interested Bystander]

I get the feeling she struggles with analytical thought at the High Court level

That too and much more important.

 

[Interested Bystander]

I said Brenda Wardle was a legal analyst but forgot to mention that she's an advocate as well. I highly recommend reading her tweets on sentencing. You'll love them all.

I have just read her offering on the sentence. She is excellent and amusing with it!

 

[Hazy]

I was on twitter and was laughing so hard at the #LongerThanOscarsSentence hashtag, someone posted that it took longer to draw that cartoon! Some really funny ones there; check it out.

I think you'll like this too .... Keep going right up to the last sentence ...


http://dlisted.com/2016/07/06/oscar...ears-in-prison-for-murdering-reeva-steenkamp/

 

[Greater Than]

But how did she ignore the SCA?

She sentenced for the same incident but for DE rather than CH. The previous sentence was for CH bordering on DE and now it's DE.

Why would we expect a big change in the jail time?

The 15 years is a minimum unless there are particular circumstances in mitigation and clearly mistaking Reeva for an intruder fits that.

No it doesn't.

He was found guilty of murdering the person behind the door - whether it was an intruder, Reeva, his sister, a child...whoever.

The statutory minimum for the crime he committed is 15 years. 15 years, even if it truly had been an intruder.

Him mistaking Reeva as an intruder is not a mitigating factor. It is irrelevant as far as mitigation is concerned, as he still murdered the person behind the door. He fired four shots into a small toilet cubicle, knowing there was a person inside.

The fact that it turned out to be Reeva is actually an aggravating factor, since he took absolutely no precautions whatsoever to ensure the noise wasn't merely his girlfriend going to the bathroom. Especially considering he knew she was awake.

Reeva died a horrific death while trapped inside a small toilet cubicle of a house she felt safe in, caused by a man she trusted. She deserved for her murderer to be punished with an appropriate sentence for doing so. Half the statutory minimum is not appropriate. Moo

 

[Viper]

I said Brenda Wardle was a legal analyst but forgot to mention that she's an advocate as well. I highly recommend reading her tweets on sentencing. You'll love them all.

Thanks. Went over and checked out her tweets. I think she's off the rails if she truly thinks this will get to the point that Masipa cuts OP loose with time served, after everything that has occurred and will occur next, but whatever.

I asked her a question too, she has not replied yet but she must have liked it because she's now following me! LOL!

 

[Viper]

The court of public opinion doesn't agree with Masipa, and some funny stuff too!

http://www.iol.co.za/news/crime-courts/oscar-judge-vs-public-opinion-2042614

 

[Cherwell]

It's clear that Masipa has nothing but contempt for public opinion, so presumably it won't trouble her that a fair number of the public seem to think that she was paid by the Pistorius family.

It would trouble me.

Anyway, as I keep reminding myself with glee - the convicted MURDERER Oscar Pistorius is in prison right now.

 

[4MrsB]

Ooohhh, SNAP.....Judge Masipa is much feistier than I thought. She is not the older, arthritic, aging person we see on top of that podium. She still has a lot of spunk left in her! Her sentence was to send a message to the appeal's court/Supreme court, the public and everyone else...that she didn't like her verdict getting changed from CH to MURDER. And she is NOT going to kowtow to the superor court's tongue lashing. This lame (1 extra year) sentence was her way of letting everyone know...don't mess with my verdicts or tell me I made an error & need to change it.

Then for her to add...."I'll be in my chambers if you want to appeal" is her added message to Nel to...
Bring it on Big Boy, YOU DON'T WORRY ME IN THE LEAST. :badmood:

...that's why the sentencing should be sent to a neutral, impartial judge, not the originating judge who now has a bruised ego and a point to make, as they (originating judge) will always feel they were correct. Of course they won't roll over and say, "oh right..you have a point which I didn't see 1st time around."

 

[Hazy]

It's clear that Masipa has nothing but contempt for public opinion, so presumably it won't trouble her that a fair number of the public seem to think that she was paid by the Pistorius family.

It would trouble me.


Anyway, as I keep reminding myself with glee - the convicted MURDERER Oscar Pistorius is in prison right now.

Exactly Cherwell. No amount of spin can hide the fact he's in jail for murder.

 

[Zuri]

I was wondering how Reeva's parents feel about another appeal? Do they have a say or have they made any statements about the possibility that Nel will appeal? TIA

 

[Jake18]

Ooohhh, SNAP.....Judge Masipa is much feistier than I thought. She is not the older, arthritic, aging person we see on top of that podium. She still has a lot of spunk left in her! Her sentence was to send a message to the appeal's court/Supreme court, the public and everyone else...that she didn't like her verdict getting changed from CH to MURDER. And she is NOT going to kowtow to the superor court's tongue lashing. This lame (1 extra year) sentence was her way of letting everyone know...don't mess with my verdicts or tell me I made an error & need to change it.

Then for her to add...."I'll be in my chambers if you want to appeal" is her added message to Nel to...
Bring it on Big Boy, YOU DON'T WORRY ME IN THE LEAST. :badmood:

...that's why the sentencing should be sent to a neutral, impartial judge, not the originating judge who now has a bruised ego and a point to make, as they (originating judge) will always feel they were correct. Of course they won't roll over and say, "oh right..you have a point which I didn't see 1st time around."

I bet she calls this integrity.

 

[Viper]

I was wondering how Reeva's parents feel about another appeal? Do they have a say or have they made any statements about the possibility that Nel will appeal? TIA

I have no idea, but I'm sure Nel will approach them. Either way the issue of Precedant would likely outweigh anyone's thoughts at this point. :smile: If not, then SA now has a blueprint of how to (almost) get away with Murder (tears, snot, drooling, pretend intruders, scream like a woman, apologize a bunch of times, tell the neighbor to reincarnate your dead victim, tell every psychologist and psychiatrist that you can find how sad and depressed you are, etc...).

 

[Hazy]

I was wondering how Reeva's parents feel about another appeal? Do they have a say or have they made any statements about the possibility that Nel will appeal? TIA

.

They are not going to be saying anything I believe.

I think they've had enough of all of this Which is very sad.

 

[Gigi-G]

I was wondering how Reeva's parents feel about another appeal? Do they have a say or have they made any statements about the possibility that Nel will appeal? TIA

I know its been documented many many times that Reeva's parents have forgiven OP.
But have they truly? Maybe its that strength they draw on to get themselves thru these dark dismal times when you really dont know what to do. A grieving process focuses differently on indivduals concerned. And perhaps in their grief looking at the wider picture. Maybe its becuz they know he (OP) stands as a convicted murderer. For the rest of his life. He went from Hero to Zero. When the day comes he's released. He will never be physically or mentally free of what he done. His crime is his life.
How brave Reeva's parents must be. May they be showered with peace love and light.....Namastè ♡

Sent from my SM-G925F using Tapatalk

 

[jilly]

Ooohhh, SNAP.....Judge Masipa is much feistier than I thought. She is not the older, arthritic, aging person we see on top of that podium. She still has a lot of spunk left in her! Her sentence was to send a message to the appeal's court/Supreme court, the public and everyone else...that she didn't like her verdict getting changed from CH to MURDER. And she is NOT going to kowtow to the superor court's tongue lashing. This lame (1 extra year) sentence was her way of letting everyone know...don't mess with my verdicts or tell me I made an error & need to change it.

Then for her to add...."I'll be in my chambers if you want to appeal" is her added message to Nel to...
Bring it on Big Boy, YOU DON'T WORRY ME IN THE LEAST. :badmood:

...that's why the sentencing should be sent to a neutral, impartial judge, not the originating judge who now has a bruised ego and a point to make, as they (originating judge) will always feel they were correct. Of course they won't roll over and say, "oh right..you have a point which I didn't see 1st time around."

With this particular case, Masipa's Conviction of manslaughter was so full of holes, I don't know why this was sent back to her (aside from the fact that she was the trial Judge). It was a SCA 5 Judge unanimous decision for Murder!!

What's the point of having a 15 yr minimum sentence for murder?

How can the prosecution NOT appeal this sentence?

 

[Marfa Lights]

Quotes from Tillie's original sentencing on CH:
http://www.saflii.org/za/cases/ZAGPPHC/2014/924.html

I might add that it would be a sad day for this country if an impression were to be created that there was one law for the poor and disadvantaged and another for the rich and famous.

It is not wrong that the natural indignation of interested persons and of the community at large should receive some recognition in the sentences that courts impose, and it is not irrelevant to bear in mind that if sentences for serious crimes are too lenient, the administration of justice may fall into disrepute and injured persons may incline to take the law into their own hands. Naturally, righteous anger should not becloud judgment.”

Slight shift in perspective, you think?

 

[Marfa Lights]

Also from Masipa's sentencing on CH-- this time referencing the sentencing in the Mdunge case:

http://www.saflii.org/za/cases/ZAGPPHC/2014/924.html

In the matter of the State v Siyabonga Mdunge (RC777/12 Regional Court Pietermaritzburg), the accused and the deceased were sleeping at their home when at about 00:30 the accused was awoken by a noise as if a window was opening. He thought a burglar was trying to get into the house. Fearful for his life he grabbed his firearm from his bedside pedestal drawer and made his way to the entrance of the room. He could hear the noise coming from the bathroom. Slowly he made his way to the bathroom door to investigate. As he reached the bathroom door it suddenly opened. Startled and afraid for his life, he discharged his firearm thinking that the person who opened the door was a burglar. That person, however, was not an intruder, but his wife. He rushed her to hospital, but it was too late.

The accused in Mdunge was arrested for murder, but entered a plea and sentence agreement with the National Prosecuting Authority (NPA) in terms of section 105A of the Criminal Procedure Act. In terms of the agreement, the National Prosecuting Authority accepted a plea of guilty to culpable homicide. The National Prosecuting Authority agreed to the following sentence in the plea and sentence agreement:

“It is agreed that a just sentence in all the circumstances shall be that the accused is sentenced to 8 years’ imprisonment which is wholly suspended for a period of five years on the following conditions:

1. The accused is not again convicted of murder or assault or any other offence of which assault is an element during the period of suspension.”

Again, counsel for the defence argued that the facts in the Mdunge case had a striking similarity to those in the present case. I disagree. It is so that in both cases the accused were reacting to a noise they interpreted as someone entering their home. The huge distinguishing feature was that in the Mdunge case someone, that is the deceased, did open the door, whereas in the present case no such thing happened. This fact as well as the additional factors already referred to above, would make the present case so serious that a suspended sentence would not be appropriate in my view.

Note Munge plead guilty to CH and was still sentenced to 8 years/5 suspended. Yet she said Oscar's case was "so serious" that a suspended sentence was not appropriate so she gave him 5 on CH knowing he would be eligible to be out in 10 months after being approved for house arrest.