Discussion Thread #60 - 14.9.12 ~ the appeal~

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Barry Bateman @barrybateman · 27m 27 minutes ago
#OscarPistorius Nel: there is a reasonable prospect of success in convincing an appeal court that the sentence is shockingly inappropriate.

Barry Bateman @barrybateman · 28m 28 minutes ago
#OscarPistorius Nel: the court incorrectly imposed the shortest period of incarceration it could possibly impose. BB
tes


Barry Bateman @barrybateman · 32m 32 minutes ago
#OscarPistorius Nel: he didn’t fire blindly - he knew where the person was. This was a person trained in the use of firearms. BB

Barry Bateman @barrybateman · 32m 32 minutes ago
#OscarPistorius Nel: this was someone in a small cubicle, four shots fired through the door - death caused by gross negligence. BB
 
Nel reads in Afrikaans again and translates: because somebody has been convicted and sentenced, by the time an appeal is heard, the accused will have served part of his sentence. That’s par for the course, says Nel, whether it’s the state or defence which appeals.

The purpose of this application is the state saying there should be a harsher sentence and a conviction of murder.

http://www.theguardian.com/world/li...ecution-appeal-culpable-homicide-verdict-live
 
Barry Bateman
‏@barrybateman
#OscarPistorius Nel: Seekoei is not only unfair to the state, it also doesn’t make sense. BB
 
Nel moves on to another case law example. Barsson? Parsson?

Oh my live feed takes a break as Nel thumbs thru notes.
 
On a totally unrelated side note -

[ Am I the only one who thinks Gerrie Nel is hot when he speaks Afrikaans? OK, he's hot when he speaks English, too. :lol: :D ]

Sorry, sorry! back to our regularly scheduled program . . .
 
Nel: The court can start reading at...

(She isn't ever going to read it at all.)
 
Ilse De Lange ‏@dLangeIlse 2 mins2 minutes ago

#OscarTrial. Nel referring to Constitutional Court ruling in the criminal trial of Wouter Basson. State could not appeal acquittal. #citi
 
Mandy Wiener @MandyWiener · 19m 19 minutes ago
#OscarPistorius Professor Grant's hand in this appeal is clearly evident. Nel making a very academic argument around the


Mandy Wiener @MandyWiener · 13m 13 minutes ago
#OscarPistorius Seekoei is quite technical - basically argument about whether state can appeal if court convicts on a 'lesser charge'

Mandy Wiener @MandyWiener · 3m 3 minutes ago
#OscarPistorius Nel subtly acknowledging the criticism from some for NPA's decision to go for big hallelujah of premeditated murder.

Barry Bateman @barrybateman · 2m 2 minutes ago
#OscarPistorius Nel: Seekoei is not only unfair to the state, it also doesn’t make sense. BB
 
Maybe it is just me, but Nel seems a bit nervous or awkward in his communication with My Lady. Like he KNOWS she is put off or something.
 
Nel reading from sections of case law: 'If the court asks me most important thing in Basson, 'There is nothing to suggest state (too fast)...but that renders Seekoi irrelevant. The ruling in Basson makes Seekoi irrelevant.'
 
Barry Bateman @barrybateman · 50m 50 minutes ago
#OscarPistorius Nel: the sentence was shockingly low. BB

Barry Bateman @barrybateman · 50m 50 minutes ago
#OscarPistorius Nel: if the accused acted with gross negligence and the court sentenced to five years - what precedent set? BB
 
The_Citizen_Reporter ‏@CitiReporter 1 min1 minute ago

#OscarTrial. Nel referring to Constitutional Court ruling in the criminal trial of Wouter Basson. State could not appeal acquittal. #citi -
 
Mandy Wiener @MandyWiener · 3m 3 minutes ago · 2m 2 minutes ago

#OscarPistorius So... as warned... this appeal is extremely technical with dense legal argument. Very academic debate.
 
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