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

[jay-jay]

It’s been a joke. First a wrong verdict (if we are to believe the experts) and then seemingly hard sentence for that kind of offence without telling us she really means only 10 months.

BBM .. it has been, hasn't it .. an extremely sick one! Agree with both points you make there, that sums it up in a nutshell.

 

[LemonMousse]

Seems to me that the defence are stuck between a rock and a hard place.

5 years, with only 10 months real time, is an excellent result for them.

If they appeal then they run a massive risk of him getting a stiffer sentence. So it's in their best interests to shut up and put up.

The State seem to be in a better position...they don't have much to lose if he's only going to serve 10 months anyway.

Come on Mr Nel. Appeal, appeal, appeal.

 

[alioop]

Is the judge supposed to give a minimum sentence? Whats the point of just a maximum when the minimum is what really matters?

A minimum sentence is obviously discretionary and she chose not to do it knowing the eligibility for parole.

 

[cottonweaver]

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

His career in top class athletics was already almost over.
It's the sponsorship deals and "charity ambassador" role that will be lost. BUT you can bet your life that his agent Van Zyl will already be on the phone with publishers and looking at opportunities that flow from Plan B.

 

[kaos]

I wonder where Oldwage was during this phase? No sign of him at all.

 

[lithgow1]

from the Guardian:

How much of the five-year sentence Pistorius will serve in prison is already a matter of much dispute.

The defence says it expects him to need to serve one-sixth of the sentence – 10 months – before being considered for release to house arrest.

The National Prosecuting Authority says one-third of the sentence – 20 months – is the minimum requirement.

http://www.theguardian.com/world/live/2014/oct/21/oscar-pistorius-sentencing-prison-live

 

[Aika]

Really please it’s being reported as it is (in stead of “sentenced to 5 years):

Oscar expected to serve 10 months behind bars

http://www.citypress.co.za/news/oscar-expected-serve-10-months-behind-bars/

 

[lithgow1]

and also from the Guardian. apologies if already posted but things have been moving fast:

Speaking on Sky News, Nathi Mncube of the National Prosecuting Authority, says the state team is “busy studying the case law” to see if it can appeal.

This is not what we were hoping to achieve by the end of this trial … But it is not entirely up to us.

We accept that at some point somebody has to make a decision and we respect the decision the judge has made.

An “appetite” to appeal is not enough, he says: they must meet legal requirements for an appeal

He says the prosecutors “find solace” in the custodial sentence handed down.

People might not be happy with the outcome but at the end of the day that’s what justice is all about.

http://www.theguardian.com/world/live/2014/oct/21/oscar-pistorius-sentencing-prison-live

 

[Ncl1968]

I'm going for a lie down in a darkened room now .. and make sure I cover that annoying LED light with a pair of jeans ..

Sorry i threw the jeans out the window...along with all common sense

 

[zwiebel]

Are they still talking about it on whoop? Mine cut out ten or 15 minutes ago and can't get it back.

mine's gone too.

 

[LemonMousse]

Anyone think that Pistorius will be able to stay away from guns for the rest of his life?

Nope, me neither.

 

[cottonweaver]

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.

I was waiting for her to add that too.
Parole based on good behaviour but also on remorse? Well he will have the latter covered won't he.

 

[jacalyn]

Thank you, I have emailed them also.

This is unfortunately better than anyone expected. ANY jail time, was a victory in my book. WHY put/subject her parents through more, who wins? Her father has had a heart attack, enough. Yes, ONLY 5 yrs (10 months), but he is finished...forever. Send Reeva a prayer/or good thoughts, to make her smile...again.

 

[LemonMousse]

Pistorius coming out now apparently.

 

[soozieqtips]

OP about to be brought out.

 

[patCee]

I don't think that JM wanted to give him a custodial sentence at all. She responded to public feeling and as she said herself went for 'balance', sending him to prison for a token period of time. The way the system works he will not be in prison long enough to have all the wonderful therapy she was so keen on. I hope the NPA do appeal, on JM's own reasoning and the cases she used for precedents, it should have been Dolus Eventualis. MOO

 

[JudgeJudi]

OP has just walked out and into the big white prison van. Didn't see handcuffs. Of course not.

 

[LemonMousse]

Reeva - they got him. Tonight he goes to prison for what he did to you and most of us know what that was.

RIP.

 

[4MrsB]

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

I read on ENCA.com that by sentencing Oscar under 276 (1) i (as opposed to 286 (1) h) it meant: "head of the prison has the discretion to release him at any time", but with a minimum served of at least 1/6 of the sentence (10 mo) before this could even be considered.

So perhaps, the "i" allows the option of getting out sooner, but doesn't mean it will automatically take place. Also, the mention of the "head of prison" was interesting. (Not sure how accurate that is.)

 

[lithgow1]

Carl the twit is already tweeting things I doubt he even understands.

Carl Pistorius @carlpistorius · 20m 20 minutes ago
May God gives you grace so that your salvation might be built up and not broken - regardless of the circumstance.
#Hiswordwillnotreturnvoid

Carl Pistorius @carlpistorius · 25m 25 minutes ago
Together in Christ we are STRONG, in Christ there can never be defeat.