Oscar Pistorius - Sentencing - 7.6.2016

[Hazy]

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



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.

IMPORTANtT bit there is that Masipa said about the door opening in the mdunge case LOL so she does agree with Leach after all?

 

[Sherbert]

Quite an interesting article on Masipa's poor sentencing:

www.forbes.com/sites/ericmacramalla/2016/07/07/judge-masipa-and-her-flawed-prison-sentencing-of-pistorius/#28c0835c4d0b

 

[Hazy]

Quite an interesting article on Masipa's poor sentencing:

www.forbes.com/sites/ericmacramalla/2016/07/07/judge-masipa-and-her-flawed-prison-sentencing-of-pistorius/#28c0835c4d0b

That is one of the best articles I've seen so far

 

[Viper]

That is one of the best articles I've seen so far

Agreed!

 

[jilly]

Quite an interesting article on Masipa's poor sentencing:

www.forbes.com/sites/ericmacramalla/2016/07/07/judge-masipa-and-her-flawed-prison-sentencing-of-pistorius/#28c0835c4d0b

This is a very good and explains it a bit better. Hope the Pros does appeal, because based on this article I do agree with the writer in that "Nell will argue that the substantial and compelling reasons relied upon by Judge Masipa do not justify a reduced prison sentence."

She was also supposed to consider the public interest and she even managed to twist that.

 

[jilly]

That is one of the best articles I've seen so far

Agree too!

 

[Hazy]

Agree too!

I especially like the bit about him losing everything. Don't all murderers lose everything? Jobs, Friends, homes, family even?

All shocking murderers are vilified in the press, some previously unknown people become infamous from their crimes.

Maybe the poor man has less to lose and isn't well known so he has to get a longer sentence?????

It's madness.

 

[aftermath]

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



Note Munge plead guilty to CH and was still sentenced to 8 years/5 suspended. So 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.

Was Pistorius given the opportunity to plead guilty to CH?

Mdunge's 8 year sentence was fully suspended for 5 years, presumably meaning no prison as long as he didn't commit another crime in the next 5 years? So whose sentence was worse? 8 years fully suspended, or 5 years custodial with at least one year served folllowed by 4 years correctional supervision?

 

[Viper]

Was Pistorius given the opportunity to plead guilty to CH?

Mdunge's 8 year sentence was fully suspended for 5 years, presumably meaning no prison as long as he didn't commit another crime in the next 5 years? So whose sentence was worse? 8 years fully suspended, or 5 years custodial with at least one year served folllowed by 4 years correctional supervision?

I'm afraid they are two different sets of circumstances. But FYI OP would have pled guilty to CH, Roux admitted as much, if it was offered, but rightly so it was not accepted.

 

[Cloen]

Was the man who stole the goats suffering from a severe physical disability. Was he his own version of "two Oscars", one a world athlete and the other a handicapped person? Without knowing all the details of that case, it is impossible to compare the sentences.

so anyone with a job who ends up in Court for Murder is one person in their day job, and another person when at leisure, at home , angry and shoots their family member/partner and through a door in the middle of the night too ? because on this two person theory, it can be applied to anyone then surely ?

 

[Fuskier]

Quite an interesting article on Masipa's poor sentencing:

www.forbes.com/sites/ericmacramalla/2016/07/07/judge-masipa-and-her-flawed-prison-sentencing-of-pistorius/#28c0835c4d0b

Thank you for the above link Sherbert. Excellent articulation. An excerpt:

... Substantial and compelling circumstances represent something exceptional.

Courts are bound by minimum sentences unless exceptional and unusual circumstances are present...

The term “substantial and compelling circumstances” is not expressly defined by statute, judges have the latitude to interpret that wording as they see fit.
That latitude has resulted in disparities in the application of the law, including in the Pistorus case...

IMO the NPA needs to lodge an appeal against Masipa's application of the law in this case and seek that the interpretation of 'substantial and compelling circumstances'
be defined by statute. My opinion only.

 

[Cloen]

Wish I had some of your calm. I'm feeling much angrier today than I did yesterday. It doesn't make for very easy or fluent post writing when I feel like this - bits just keep shouting out all over the place in my head.

Masipa is outrageous. I didn't think she could do it again, but she has!! Outrageous!!! Rude. Ignorant. Scornful and Vindictive. and so much more that is unprintable. SCREAM emoji! When she left the bench and said she would hang around in case there was an appeal she knew damn well what she had just delivered was completely vulgar and insulting to Reeva's family. I hope they are thick skinned. I hope they can wash away the hurt she poured on them and leave it behind them.

That judgement was totally inappropriate. Every aspect of it. It was disgusting.

There now, I haven't said half what I want to say but it's a start while others make ordered and brilliant, sensible comments. Apologies, it all seems so inarticulate but I needed to get that out.

I feel very flat and disappointed about the Sentencing,
It is an outrage.
I want to hear that the NPA will be Appealing, but all those who worked so hard on this case in Nel's team must feel so deflated.
It's been such a high profile case. It would be a travesty for SA if they don't Appeal, but i get the feeling everyone just wants this to go away in the SA Justice Departments.

 

[Viper]

I feel very flat and disappointed about the Sentencing,
It is an outrage.
I want to hear that the NPA will be Appealing, but all those who worked so hard on this case in Nel's team must feel so deflated.
It's been such a high profile case. It would be a travesty for SA if they don't Appeal, but i get the feeling everyone just wants this to go away in the SA Justice Departments.

I disagree. The NPA knows that they are dealing with a rogue judge. Let it play out...

 

[aftermath]

I'm afraid they are two different sets of circumstances. But FYI OP would have pled guilty to CH, Roux admitted as much, if it was offered, but rightly so it was not accepted.

Okay - so the fact he didn't plead guilty to CH can't be held against him, as it wasn't even an option.

Yes- different circumstances, but with some obvious similarities.

 

[Cloen]

I disagree. The NPA knows that they are dealing with a rogue judge. Let it play out...

I hope they do Appeal, and the announcement is made soon . :thinking:

 

[jilly]

I'm afraid they are two different sets of circumstances. But FYI OP would have pled guilty to CH, Roux admitted as much, if it was offered, but rightly so it was not accepted.

Agreed and had he done so, Masipa probably would have only given him probation, if that.

 

[Viper]

Okay - so the fact he didn't plead guilty to CH can't be held against him, as it wasn't even an option.

Yes- different circumstances, but with some obvious similarities.

No my friend. At the initial hearing, Roux REQUESTED the Magistrate that OP would be charged with Culpable Homicide.

 

[AW2B]

Quite an interesting article on Masipa's poor sentencing:

www.forbes.com/sites/ericmacramalla/2016/07/07/judge-masipa-and-her-flawed-prison-sentencing-of-pistorius/#28c0835c4d0b

Thanks for posting this. It's an outstanding article. I hope the prosecution will appeal that ridiculous sentence!

 

[PrimeSuspect]

http://www.dailymaverick.co.za/arti...sipas-homage-to-exceptionalism-and-privilege/

This is why the NPA must appeal as her ruling will damage public confidence in the judicial system!

David Dadic
‏@DavidDadic
This is the public perception and no attempt at making the public the "bad guy" in this is going to change that...

Well written article, gets to the point, no frills, unlike Masipa.

I like the part where Ranjeni quotes Masipa as saying, 'This was not the case of gender violence' and then proceeds to give Masipa a reality check, because most of us get it.

Evidence had been led in the trial showing Pistorius to be an argumentative, self-indulgent, rude, ill-tempered, jealous and spoilt man who fires guns in the air and believes women are his possessions. Masipa is perhaps a truly magnanimous human being for still believing he was incapable of being abusive.

This feeds into the false characterisation of the archetypal abuser as a drunken black man beating up his partner in a shack. A spoilt white boy living in a security estate with all the trappings of privilege cannot fit the description.

 

[Marfa Lights]

Was Pistorius given the opportunity to plead guilty to CH?

Mdunge's 8 year sentence was fully suspended for 5 years, presumably meaning no prison as long as he didn't commit another crime in the next 5 years? So whose sentence was worse? 8 years fully suspended, or 5 years custodial with at least one year served folllowed by 4 years correctional supervision?

I am sure the State would have considered a plea deal for CH to have saved themselves and the taxpayers from a potentially drawn out celebrity trial, but if you recall, Oscar stated in his bail statement that he did not understand why he was being charged with a crime at all. Oscar "I always win" Pistorius would not likely have accepted any guilt since he knew he could afford the best justice money can buy. That's my opinion anyway. Do you think he would have accepted a plea bargain for CH and the same sentence Masipa originally gave him?

I may be misunderstanding Mdunge's sentence, but it reads as 8 years with only 5 of those years fully suspended, i.e. 3 years custodial sentence and 5 years suspended. Is that not correct? Oscar received 5 years with the allowance for serving only one custodial year and 4 years correctional supervision (liberal privileges under mansion arrest).