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

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Good morning everyone from a very blustery Channel Islands.
Hoping for some sort of justice but sadly not expecting it .
A big big thanks to all for your running commentary .
Without it I don't think I could have followed this trial as watching it live always elevated my blood pressure .
 
Brenda Wardle:

1. The recommendations for correctional supervision must deal with limitations & rights of movement, employment and domestic arrangements.

2. It remains to be seen to what extent #GerrieNel went in rubbishing the reports of #Vergeer & #Maringa. #PistoriusTrial

3. If #JudgeMasipa rejects the reports & the recommendations therein, then correctional supervision ito of 276(1)(i) & (h) can't be imposed.

https://twitter.com/BrendaWardle

Sigh. 276(1)(i) does not require a report now at sentencing. It is a special sentence option available to the courts, up to a maximum of 5 years, where the parole board can start correctional supervision in the community after 1/6 of the sentence following a usual assessment. A different legal expert who today in a news report said the sentence must always be 5 years was therefore also wrong.

Only for 276(1)(h) - straight into correctional supervision - is a report required before imposition. The court can order another one if it rejects the reports already placed before it.

Disappointing to yet again see another professional legal commentator spread incorrect basic facts. Thank you for the post though, of course.

Legal analysis on websleuths: link
The Act itself (see 276A): http://www.justice.gov.za/legislation/acts/1977-051.pdf

276(1)(i) must be tempting for Masipa if she is willing for OP to see some months jail time.
 
The whole world has gathered and watched this trial. But I think we can all realize that the outcome today will be very, very personal to the people of South Africa - and most especially to the women.

No matter how the sentence turns out today, I send our South African sisters best wishes in their fight to eliminate violence against within their country!
Couldn't agree more . This is why I hope for a tough sentence . There will be more deaths in similar circumstances if not IMO
 
They are now discussing on oscarextra that it's not only the eventualis verdict that is problematic as no lawyers can understand her ruling on the ammunition charge. They says that also needs to be cleared up so it can't be used as case law in the future.
 
Well, under 15 minutes to wait for verdict. The trial has surely proved to be a roller coaster of emotions and opinions. I would like to thank everyone who has taken the time to analyse and give their versions of what they think transpired that fateful and tragic night. I personally don't think we know, or will ever know, the real truth of those events that conspired to take a beautiful and highly promising life. Nevertheless, we now face the verdict of culpable homicide...and the possible punishment for such a crime. I sincerely hope that it is a just and meaningful sentence and serves as a warning that society does not abide the unlawful killing of another human being.
 
Good morning from windy wales hope for justi0ce today
 
Present websleuthers with you all on this important day.
 
Listening to David Dadic on EWN and he was just being critical about Judge Masipa ruling on the ammunition possession how that should also be on appeal for clarity.
 
Aimee Pistorius arrives in court with a tog bag - family has prepared for her brother to go to jail @eNCAnews

— Karyn Maughan (@karynmaughan) October 21, 2014
 
J: Duty bound to consideer nature, seriousness of offences, character of accused, interests of society..
 
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