Post sentencing discussion and the upcoming appeal

[Mr Fossil]

Karyn Maughan ‏@karynmaughan

BREAKING Oscar Pistorius's lawyers say the state's bid to appeal his murder acquittal is deeply flawed - and MUST be dismissed.@eNCAnews

Pistorius lawyers argue state trying to appeal a factual finding made about his intent when he fired shots, NOT a legal finding.@eNCAnews

The state can only seek to appeal Judge Thokozile Masipa's legal findings, not her findings of fact. #OscarPistorius @eNCAnews

Pistorius's lawyers argue Masipa found on FACTS that Pistorius intended to shoot "intruders", but not to kill that person.

#OscarPistorius's lawyers argue state failed to show his five year sentence for culpable homicide was shockingly inappropriate

#OscarPistorius lawyers: "it cannot be in dispute that parents of the deceased...expressed their satisfaction with the sentence"

#OscarPistorius lawyers say the attitude of Reeva Steenkamp's parents to his sentence "is a material factor" @eNCAnews

#OscarPistorius lawyers say there is ”no basis” to state argument that judge over emphasised OP circumstances in sentence

#OscarPistorius lawyers deny that Judge Masipa's ruling could create a far-reaching precedent. @eNCAnews

 

[Deleted member 102539]

Your link is for used/second-hand cars. This one is for new cars and has a bit more info.

http://www.rollingrehab.wozaonline.co.za/Rebate+Info

Thank you!! The word "rebate" was helping me to find something to the theme!

 

[Mr Fossil]

Oscar lawyers brand State's appeal flawed, call for dismissal

http://www.enca.com/south-africa/oscar-lawyers-brand-states-appeal-flawed-call-dismissal

Doesn't really add anything to the tweets.

 

[Deleted member 102539]

Barry Roux ‏@Barry_Roux 5 Std.Vor 5 Stunden

So #OscarPistorius is having a biography done? I see where media is taking us.

 

[Deleted member 102539]

http://www.jacarandafm.com/post/why-june-steenkamp-doesnt-believe-pistorius/

"I have forgiven him. I have to -- that's my religion. But I can't forget what he has done. I hate what he has done to my child."

:tears::heartbeat::tears:


kalikrome ‏@Kalikrome 10. Nov.

~ June's version is 100× more believable than any of the garbage that #OscarPistorius lied about. A mother knows.

 

[emirates1957]

This is the third and final extract from June's book.

http://www.pressreader.com/south-africa/sunday-times/textview

After reading the small para on p.1, click anywhere on the photo or article to take you to the next page.
After reading the second page, move your mouse halfway down the page and on the right-hand side you'll see an arrow to click on for the next page etc.

If you need to exit before completing reading all of it, you'll need to copy and paste the url into the address bar or you won't be able to access it again the same way.[/QUOTE
In the family room at moment - sitting back reading an excerpt of June Steenkamp's book (thank you JJ). My beautiful daughter and my partner are sitting back in the spa one having a beer the other a glass of wine talking about their working day respectively. Big fat british bulldog with his big fat paws trying to edge himself in to say hello to them. Almost feel guilty for this feeling of comfort. And here is June Steenkamp who feels comfort from a dove that was at the windowsill where the family sat having lunch next to Nel's chamber, during the trial. Kudos to the Steenkamp family. I love the angelic photograph of Reeva on her bed with what appears to be a french bulldog, opposed to "him sitting in front of a carcass of an elephant, with his uncle and grandfather holding guns". Sorry for the rant wish I could express myself better. Bless Reeva's family and GO NEL.

 

[lolastareyes]

#OscarPistorius lawyers: "it cannot be in dispute that parents of the deceased...expressed their satisfaction with the sentence"

#OscarPistorius lawyers say the attitude of Reeva Steenkamp's parents to his sentence "is a material factor" @eNCAnews

Does anybody else find this abhorrent that the defence is using what her parents said about the sentence for their favour?

I think her parents just wanted the trial to be over.

 

[JudgeJudi]

Thank you!! The word "rebate" was helping me to find something to the theme!

Found a little bit more:

While you cannot claim for an asset itself – for example, a motor vehicle – you can claim for the cost of modifying a vehicle to permit a person with a disability to gain access to it or to drive it.
http://www.iol.co.za/business/perso...g-all-their-tax-breaks-1.1315200#.VGsOOCxxnBw

• The modification costs for the vehicle must be excluded from the cost of the vehicle since these costs are claimed under section 18 of the Act.

Example:

If the cost price of the vehicle was R250 000 (which include modification costs of R50 000), the value to be used in determining the rate per kilometre will be R200 000 (i.e. R250 000 minus R50 000).

(From the top of p.4)
http://www.sars.gov.za/AllDocs/OpsD...r Disability Expenditure - External Guide.pdf

 

[Mr Fossil]

Does anybody else find this abhorrent that the defence is using what her parents said about the sentence for their favour?

I think her parents just wanted the trial to be over.

Reading June's book it is clear that Reeva's parents were not at all satisfied with the verdict even if they were satisfied with the sentence.

"I just couldn't get my head round the verdict."

"The judge seemed to believe his version because it fitted in with the accepted timeline."

"I didn't want to see him go to prison for a long time, but I felt extremely unsettled by the court's conclusion."

"The trial phase is over, but we don't have closure. With this verdict, there is never going to be."

"We were happy with the sentence - five years is sufficient. Oscar will spend at least ten months incarcerated ..."

"We went to court hoping that the punishment handed down would fit the crime, and we left satisfied."

"After our disappointment with the verdict of culpable homicide, I said I was never going back to court. I changed my mind, however, because there had been talk of an appeal and of the judge having made a mistake with her summation ..."

 

[Deleted member 102539]

It was too late (for Reeva).

Tshepo Tshabalala ‏@TshepototheT 52 Min.Vor 52 Minuten

I must give it to these girls, they are creative. Too late for #Reeva an #senzoMeyiwa http://on.fb.me/1EYcOKP

A short video, please look.

 

[Mr Fossil]

Karyn Maughan ‏@karynmaughan

#OscarPistorius lawyers argue state bid to challenge should be dismissed and state should pay OP legal costs. @eNCAnews

#OscarPistorius lawyers argue state's attempted challenge to murder acquittal "is not an appeal" @eNCAnews

https://pbs.twimg.com/media/B2t1keVIEAAm-lH.jpg

#OscarPistorius lawyers say judge Masipa must strike state "appeal" from court roll...@eNCAnews

https://pbs.twimg.com/media/B2t1keVIEAAm-lH.jpg

#OscarPistorius lawyers: state can petition SCA to "grant leave to consider whether or not the questions are questions of law"@eNCAnews

Still waiting for Defence document to appear online ...

 

[Deleted member 102539]

Nick van der Leek ‏@HiRezLife 30. Okt.

@SanityCheek @Liezlmac @kimberleycpt Speaking of legacy, @lisawJ13 and I are writing a tribute to #Reeva = #RS we'd love your involvement

The new book!

 

[Deleted member 102539]

... and the last post/pic for now, Reeva's brother Adam:

 

[Mr Fossil]

James Grant ‏@CriminalLawZA
Apologies all, I am now part of State's team against #OP & privy to confidential info - I can no longer comment about OP's trial/appeal.

 

[Cherwell]

Does anybody else find this abhorrent that the defence is using what her parents said about the sentence for their favour?

I think her parents just wanted the trial to be over.

Despicable. Contemptible. Loathsome.

 

[JudgeJudi]

Quote Originally Posted by Mr Fossil View Post 981

#OscarPistorius lawyers: "it cannot be in dispute that parents of the deceased...expressed their satisfaction with the sentence"

#OscarPistorius lawyers say the attitude of Reeva Steenkamp's parents to his sentence "is a material factor" @eNCAnews

Does anybody else find this abhorrent that the defence is using what her parents said about the sentence for their favour?

I think her parents just wanted the trial to be over.

Totally abhorrent, below the belt and beyond the pale. "How do I loathe, let me count the ways". OP may be financially "bankrupt"... or not ... but his team is morally bankrupt.

And what precisely do either of these two grounds by the DT have anything to do with the law? What the parents said outside the court is totally irrelevant to the appeal, as is their attitude to the sentence. IMO they're clutching at straws. If Masipa denies the State's application, I think they'll be hotfooting it straight to the SCA for leave to appeal and I'll be cheering all the way from Oz.

 

[JudgeJudi]

Nel is doing this not only for Reeva and her family, but more importantly, for clarity in the law to prevent it being abused, as it has been in this case, in future matters. We don't want her to have died in vain and if there is a successful appeal, this will be her legacy to the women of South Africa.

 

[soozieqtips]

Whatever the defence try and pull out of the bag, I don't believe it will make any difference. I cannot see Masipa refusing leave to appeal, given it's quite possible another court could come to a different decision. The defence said Nel has done nothing to explain why the sentence was inappropriate? Didn't Nel say it was "shockingly inappropriate" for a crime that bordered on intent?

 

[TorisMom003]

Whatever the defence try and pull out of the bag, I don't believe it will make any difference. I cannot see Masipa refusing leave to appeal, given it's quite possible another court could come to a different decision. The defence said Nel has done nothing to explain why the sentence was inappropriate? Didn't Nel say it was "shockingly inappropriate" for a crime that bordered on intent?

Anyone that listened (and wasn't drinking the OP koolaid) could tell that Masipa contradicted herself when finding OP guilty/not guilty of the charges against him. And a 5 year sentence is really pathetic considering the things that he did.

MOO

 

[Mr Fossil]

Whatever the defence try and pull out of the bag, I don't believe it will make any difference. I cannot see Masipa refusing leave to appeal, given it's quite possible another court could come to a different decision. The defence said Nel has done nothing to explain why the sentence was inappropriate? Didn't Nel say it was "shockingly inappropriate" for a crime that bordered on intent?

My understanding is that if the State is granted leave to appeal the verdict then this effectively also puts the sentence up for review too, since a different verdict could come with a different sentence (e.g. minimum 15 years for Dolus Eventualis). Whether leave to appeal the sentence is granted is then of secondary importance unless the same verdict is reached. Is this correct?