Discussion Thread #60 - 14.9.12 ~ the appeal~

[JudgeJudi]

Karyn Maughan @karynmaughan

Masipa: in none of submissions by state did I understand there was a misdirection @eNCAnews

 

[zoran]

dismissed!

 

[zwiebel]

EWN Reporter ‏@ewnreporter 1 min1 minute ago

#OscarPistorius Masipa: I’m not convinced there was a material misdirection on the imposition of sentence to it was shockingly inappropriate

 

[katydid23]

My live feed is terrible.

It is on CNN live right now

 

[saraomar]

My live feed is terrible.

http://www.enca.com/oscartrial

This is good!

 

[zwiebel]

Would a different court come to a different finding on the sentence, Masipa asks (this is Nel’s case).

In none of the submissions for the state did they show any misdirection that would vitiate the sentence, she says.

I am not persuaded that there was any material misdirection or irregularity, or that on the facts of this matter the sentence imposed was shockingly inappropriate.

She says this point “cannot succeed”.

She dismisses leave to appeal the sentence.

http://www.theguardian.com/world/live/2014/dec/10/oscar-pistorius-judge-appeal-murder-acquittal-live

 

[katydid23]

Oh, she is angry!

 

[zwiebel]

Oh dear.

 

[DexterMorgan]

Masipa tells court that she was mad at Reeva for being sexy and privledged.

 

[JudgeJudi]

Masipa moves onto state bid to challenge #OscarPistorius conviction @eNCAnews

Masipa: main point argued by both state and defense is whether grounds of appeal are on questions of law or fact @eNCAnews #OscarPistorius

Judge says defense correct to question whether issues raised by state concern questions of law or fact @eNCAnews #OscarPistorius

 

[zwiebel]

EWN Reporter ‏@ewnreporter 3 mins3 minutes ago

#OscarPistorius Masipa: the main points argued by counsel was whether the state raised questions of law or questions of fact. BB

 

[JudgeJudi]

Count 1 decided in favour of the applicant (State).

Count 4 dismissed.

 

[Mr Fossil]

Count 1 granted!

 

[soozieqtips]

??? She's thrown out the application to challenge her sentence??

 

[zwiebel]

Lance Witten ‏@LanceTheWitten 59 secs60 seconds ago

Masipa allows the state to appeal #OscarPistorius conviction, denies sentence appeal

 

[zwiebel]

So, they can appeal conviction, but not the sentence? Soanother whole new trial?

 

[JudgeJudi]

Karyn Maughan @karynmaughan

Masipa says state granted appeal so that it can clarify whether principle of dolus eventualis were correctly applied to #OscarPistorius case

 

[Giles]

Bravo Judge Masipa.

 

[zoran]

Even Nel looks confused lol

 

[zwiebel]

The Herald PE ‏@HeraldPE 28 secs29 seconds ago

NEWS JUST IN: #OscarPistorius Masipa grants the right to appeal conviction, dismissed right to appeal sentence.