Trial Discussion Thread #59 - 14.21.10, Day 48 ~ sentencing~

[ColonelMustard]

Ten months and house arrest is RIDICULOUS!!!!

The PROBLEM is that she BELIEVED his lying a$$ ... OR ...

 

[zwiebel]

on BBC:

Not allowed to compete for time of 5y.

This will end his career, I think. He won't be able to come back after so long. Not to any top class events.

 

[ThoughtFox]

Hi, all, I haven't been on this thread before, but I've followed the case closely on Twitter.

I'm glad he got jail time. It was such a weird case and I was afraid at one time that Judge Masipa was going to be more lenient than this. He could have gotten ALL house arrest, and that would be a travesty of justice.

However, knowing what we know about Oscar Pistorius, 5 years in prison - or even 10 months - is going to be a long, long time. This is a guy who loses his temper at the drop of a hat, is terminally ticked off about something, and wants his own way. Many days he seemed to be manipulating the court with his vomit bucket and his victim act. That stuff won't work most of the time in prison, although I'm sure we will hear about every little complaint he has, from the food to the hard mattress, to infinity.

He will only get House Arrest if he is in good standing in jail, and that's not a sure thing with someone like Oscar. House arrest is no picnic either for someone who has issues controlling himself and not taking responsibility.

For instance, on House Arrest, I'm sure you aren't allowed to have guns. How will that work, since his father likes to stash weaponry around his house. You can't be drunk and disorderly, and you don't get a slap on the wrist, but you get more jail time.

Even if the Defense is right and he only spends 10 months in jail, I can't imagine it will be drama free. In fact, I predict this whole thing is going to be crazy.

 

[LemonMousse]

I think that Masipa's reasoning was sound this morning - for CH.

Problem for me is that there do seem to be grounds to believe it should have been DE. So the State should appeal.

 

[jslk]

I'm sticking to 5 yrs.

I don't forsee good behavior in OP's future

I agree, I'm sure there will be something over the next few months that makes him erupt in anger.

 

[ColonelMustard]

Thank you, I have emailed them also.

Originally Posted by ColonelMustard
I've just emailed the NPA my support and encouragement for an appeal based on an error in law.

Can't hurt.

<communication@npa.gov.za>

Just for the record, I asked them to appeal the verdict, the sentence, and the ammunition charge.

 

[Aika]

Oh but hold on .. if they appeal the conviction, and a higher one is applied, does that mean the current sentence still applies or will that then have to be amended (and hopefully extended) too? Surely they cannot retain the same sentence, which belongs to a different conviction, that would be nuts??!

I believe the case is then sent back for a new sentence - Masipa will do the sentencing

 

[pandax81]

Prof Grant thinks the judge's reasoning today was outstanding.

It was good, but I'm not so sure about the big point: 10 months minimum imprisonment. Minimum sentencing is there for a reason, and has mercy and justice built-in. It would be 7 1/2 years minimum imprisonment for dolus eventualis, and Masipa accepted it was gross negligence bordering on dolus eventualis.

 

[Giles]

Clifford Alexander saying the Nel needs to appeal to clear up the confusion surrounding dolus eventualis.

 

[jay-jay]

Family statement due in 40 minutes.

The press are only saying 5 year sentence with suspended sentence for firearm charge to run concurrently. The media need to get out in a big way that he'll might only serve 10 months.

Let the rage continue.

Indeed, Jj.

 

[alioop]

Correctional Services Act: http://www.dcs.gov.za/Publications/Legislation/DCS%20Act%20111%20of%202008.pdf

73 (7) (a) A person sentenced to incarceration under section 276 (1) (i) of the Criminal Procedure Act, must serve at least one sixth of his or her sentence before being considered for placement under correctional supervision, unless the court has directed otherwise.

This means that, a person can be considered for parole. Doesn't mean they will get it! I don't know what the likelihood of someone convicted of CH that bordered on murder would get past a parole board or whatever it's called in SA. Interesting that the Judge could have directed a minimum non parole period but chose not to. So as to the defence and prosecution claiming when he would get out of jail is just speculation in my opinion.

But given the possibility of parole after less than a year, how can the Steenkamps possibly be happy with this sentence. They would know what 5 yrs jail could mean in terms of parole. I think there is a deal done somewhere.

Even if the Steenkamps don't want an appeal on verdict, the State could still appeal and I think they will. Guess we find out within 14 days.

 

[newone]

Ten months and house arrest is RIDICULOUS!!!!

The PROBLEM is that she BELIEVED his lying a$$ ... OR ...

got a special present??

 

[zwiebel]

Here are the exact words from Judge Masipa that settled the fate of Oscar Pistorius:
"Mr Pistorius, please rise.... The following is what I consider to be a sentence that is fair and just both to society and to the accused: Count 1 - culpable homicide, the sentence imposed is a maximum imprisonment of five years, imposed in terms of section 276/1I of the Criminal Procedure Act Number 51 of 1977."

http://www.bbc.com/news/live/world-africa-29633280

 

[OZe]

Both june and Barry have been shown saying they are "satisfied" -- classy family. Pistorius family members are ignoring questions.

 

[kaos]

Pistorius will be kept in the cells below the court until 4pm then taken to Pretoria Central in a prison van with other prisoners.

https://twitter.com/Simmoa/status/524490266116648960

A Pistorius family spokesman says Oscar's sister Aimee has sent his washbag and phone down to him. "He has to be treated the same," she said

https://twitter.com/Simmoa/status/524490253902811136

Oscar's uncle Arnold is due to give a statement at 12noon (11am UK time) - at present the venue is the local cafe as court has another case

https://twitter.com/Simmoa/status/524490409503129600

LOL what part of being treated the same means that OP is given a phone to use?

 

[jay-jay]

A Pistorius family spokesman says Oscar's sister Aimee has sent his washbag and phone down to him. "He has to be treated the same," she said

~rsbm~

BBM .. well that's a laugh, isn't it ..

 

[AW2B]

Reeva lost her life..

Pistorius lost his freedom possibly only for few months

Justice was not served!

:steamed: :steamed: :steamed:

 

[jacalyn]

Former prisoner interviewed on Sky and confirms Defence's case that prison conditions are truly horrendous. Even the hospital section is dangerous because prisoners break plates and use them as weapons and, in this case, the General has given an order...

Wonder what could happen if you use the TOILET!

 

[alioop]

I hate concurrent sentences which is what the judge has ordered for the 2 sentences so she has given him 2 unrelated crimes for the price of one.

 

[delilah]

I wouldn't be surprised. I don't think either of them will be called as expert witness again. I hope not, at least.

I'm struggling to remember one defence witness who came out with any credibility at all. They were a total shower. Dixon, Derman, harzenburg, Vergeer, Maringa, Lin? (the sound guy), Van Zyl, oh and Oscar himself.