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

[Paul_1900]

Five-year sentence ‘carefully chosen’ – law expert

http://citizen.co.za/261560/five-year-sentence-carefully-chosen-law-expert/

“The number ‘five years’ was not an ordinary number, it was carefully selected,” Wits School of Law Professor Stephen Tuson said.

According to Section 276 of the Criminal Procedure Act, one-sixth of a jail sentence can be converted to house arrest, if the sentence is not more than five years.

This meant Pistorius could spend only 10 months in prison.

“That is why it was carefully chosen,” Tuson said.

This is far from the PT has asked, so hope for another reason to convince NPA officials to go for appeal. Sure they have to consider costs and ressources, but it s/b for the benefit of clarifying the interpretation of dolus eventualis. I am really worried for the precedent it would set.

On another thought. . . Anybody else feeling uneasy about 3 years (though suspended) given for Tasha's, only 5 years for killing Reeva. Just on paper it seems kind of disproportionate to me. A human live taken against a shot on the floor . . .

 

[soozieqtips]

An expert on Sky News saying Masipa's ruling on the illegal ammo gives police a giant headache now. "Should we arrest them, should we not arrest them?"

I do agree with that, and hope clarification can be provided to stop other would-be murderers housing illegal ammo in their houses and then saying it belonged to the dad, or the cat.

 

[Interested Bystander]

Five-year sentence ‘carefully chosen’ – law expert

http://citizen.co.za/261560/five-year-sentence-carefully-chosen-law-expert/

“The number ‘five years’ was not an ordinary number, it was carefully selected,” Wits School of Law Professor Stephen Tuson said.

According to Section 276 of the Criminal Procedure Act, one-sixth of a jail sentence can be converted to house arrest, if the sentence is not more than five years.

This meant Pistorius could spend only 10 months in prison.

“That is why it was carefully chosen,” Tuson said.

BIB

Did Tuson get this wrong, or the reporter? 1/6th of the sentence converted to house arrest would mean that he would be in prison for 4 years 2 months. I thought Roxanne of the DT said he would be in prison 10 months and house arrest for the rest (ie 4years 2 months), ie 5/6ths of the sentence.

 

[believe09]

Definitely Mr Special. No handcuffs when he left court and got in the Prison Van. He must be the only convict in SA who wasn't handcuffed when carted off to jail.

Reeva's family was due at least that image. At least they could have maintained the pretense that this was some kind of justice. Very disappointing from a victim's perspective I believe.

 

[JudgeJudi]

Absolutely right on eligible for parole only (I have always said it only means eligible/considered for correctional supervision in my posts).

But the assessment of parole is based on things like rehabilitation and behaviour (I have researched it with official documents), it can't be that the parole board decides the sentence as a proxy of the court, if that makes sense.

How independent that decision really is, I don't know? How strict will the conditions plus any community service, be if he gets it? Will he be allowed to go abroad for work? Might he just get day parole?

Just some thoughts off the top of my head so far

Edit: also bear in mind that 276(1)(i) is used because of its 1/6th element, so this is a deliberate sentence by the court which parole board must respect. 'Normal' sentencing could have been used instead.

This is an interesting article on the parole system. It's from the UK but SA's legal system is based on British law so it's still appropriate.

“Inside the Parole Board: how freedom is granted or denied for prisoners

Unprecedented access opens door to the often publicly criticised, but little understood, workings of the Parole Board”

http://www.theguardian.com/law/2010/jul/19/parole-board-members-speak

 

[Aika]

BIB

Did Tuson get this wrong, or the reporter? 1/6th of the sentence converted to house arrest would mean that he would be in prison for 4 years 2 months. I thought Roxanne of the DT said he would be in prison 10 months and house arrest for the rest (ie 4years 2 months), ie 5/6ths of the sentence.

I would think the reporter (?)

 

[Cherwell]

I feel sure that the State must appeal. That verdict on the ammunition charge cannot be allowed to stand. And the judge seemed to be unable to distinguish CH from DE. If they don't appeal, then I will draw my own conclusions.

I can only hope that real justice catches up with Oscar Pisspoorstorius.

 

[IndianSummer]

http://www.dailymail.co.uk/news/art...y-learn-sentence-killing-reeva-steenkamp.html


Saving his possessions: The runner takes his watch off before being led down to the cells below



and of course the watch....
those stupid watches....who cares
JMO

 

[soozieqtips]

BIB

Did Tuson get this wrong, or the reporter? 1/6th of the sentence converted to house arrest would mean that he would be in prison for 4 years 2 months. I thought Roxanne of the DT said he would be in prison 10 months and house arrest for the rest (ie 4years 2 months), ie 5/6ths of the sentence.

It seems that no matter what, he won't serve the full sentence. So IF he behaves himself, and can stay out of hospital wing brawls... he could be out in 10 months, with the remainder of the sentence (apparently just 2yrs 4mths) served under house arrest. That totals 3 years and 2 months, nothing like 5 years.

 

[Aika]

Definitely Mr Special. No handcuffs when he left court and got in the Prison Van. He must be the only convict in SA who wasn't handcuffed when carted off to jail.

Special treatment has started already. #Pistorius driven out of court in his own police van, instead of waiting for the day's cases at 4pm

https://twitter.com/jeromestarkey/status/524550146160603137

 

[Interested Bystander]

This is far from the PT has asked, so hope for another reason to convince NPA officials to go for appeal. Sure they have to consider costs and ressources, but it s/b for the benefit of clarifying the interpretation of dolus eventualis. I am really worried for the precedent it would set.
On another thought. . . Anybody else feeling uneasy about 3 years (though suspended) given for Tasha's, only 5 years for killing Reeva. Just on paper it seems kind of disproportionate to me. A human live taken against a shot on the floor . . .

BIB

Me too. I can see now in SA that "hearing a window open and thinking someone was in the toilet cubicle" becoming a common excuse for murdering one's partner, especially if one can ensure the person is dead by shooting off 4 Black Talons! Some precedent indeed. One good reason why the state should appeal.

 

[Paul_1900]

An expert on Sky News saying Masipa's ruling on the illegal ammo gives police a giant headache now. "Should we arrest them, should we not arrest them?"

I do agree with that, and hope clarification can be provided to stop other would-be murderers housing illegal ammo in their houses and then saying it belonged to the dad, or the cat.

thanks for reminding us, almost forgot about it. This would be another horrific precedent which in my view cannot be left to stand by the NPA

 

[newone]

Special treatment has started already. #Pistorius driven out of court in his own police van, instead of waiting for the day's cases at 4pm

https://twitter.com/jeromestarkey/status/524550146160603137

let's hope that there was a nice welcoming committee of cat calls when he arrived at the prison

 

[jay-jay]

I wonder if Barry and June still want to meet with him, and for Barry to talk to him 'man to man' and look him in the eye? I very much doubt OP will want to .. but, it will be interesting to see what happens on that front, and if they leave it long enough to do, prison may have 'broken' him enough to end up confessing. I doubt he ever will though .. but I just wonder if he will be strong enough to hide his guilt if sat down opposite Barry and June, after several months inside?

 

[JudgeJudi]

There was an expert on the BBC who said that the Pistorius clan have said all the way along that they wouldn't accept any prison sentence. That's quite disgusting.

Correction ... they're disgusting. These are 2 of Arnold's tweets

Arnold Pistorius @arnoldpistorius• Aug 7

As LIGHT destroy DARKNESS
TRUTH will destroy the EVIL.

Uncle Arnold: “Truth will prevail”.
"I know the truth. I know exactly what happened”.

Those words will now come back to bite him. We know the truth. We may not know exactly what happened but we can say it wasn't what OP said in court and Masipa at least agrees with that.

 

[Interested Bystander]

Special treatment has started already. #Pistorius driven out of court in his own police van, instead of waiting for the day's cases at 4pm

https://twitter.com/jeromestarkey/status/524550146160603137

This really is unbelievable. It makes a mockery of justice in SA. It adds further emphasis to the fact that if one has money, one is treated differently. I thought this is what SA was supposed to be avoiding.

I wonder if someone will smuggle a photo out of him when he is inside. I don't see him wearing orange overalls for a start!

 

[WideAwake]

I think no way is he put in with general prisoners. I would be beyond surprised if any of them even saw him for more than a glance.

 

[Aika]

I wonder if someone will smuggle a photo out of him when he is inside. I don't see him wearing orange overalls for a start!

If Krejcir is around him then we’ll have plenty of pictures. Krejcir would sell his own mother

 

[Interested Bystander]

Correction ... they're disgusting. These are 2 of Arnold's tweets

Arnold Pistorius @arnoldpistorius• Aug 7

As LIGHT destroy DARKNESS
TRUTH will destroy the EVIL.

Uncle Arnold: “Truth will prevail”.
"I know the truth. I know exactly what happened”.

Those words will now come back to bite him. We know the truth. We may not know exactly what happened but we can say it wasn't what OP said in court and Masipa at least agrees with that.

I think from Masipa's oratory this morning, and reading between the lines, she knows what really happened but still failed to act appropriately in giving him a huge sentence.

 

[JudgeJudi]

Spot on. Even with their Christian values they must hold that OP deserved a punishment that suited society rather than what they wanted. Just because they do charity work doesn't equate to being charitable. The whole lot of them come across as self serving.

But they only follow the motto that charity begins at home.