Oscar Pistorius - Sentencing - 6.13.2016

[Trooper]

I honestly do not think Roux has met the criteria of mitigating circumstances that would provoke Masipa into lowering and disregarding the mandatory sentence for murder in the case of Pistorius..

Certainly, there were a lot of attempts at mitigation from Roux, but I don't think they met the criteria that Nel has laid out as the law in regard to departing from a mandatory sentence.

I've been wrong before, though.. never in my wildest dreams did I think I 'd be here in 2016 about Oscar.,

 

[LemonMousse]

Harder for Nel because he has to emphasise just how wrong Masipa was, whereas Roux gets to "agree" with her.

Brilliant point.

 

[JudgeJudi]

Lunch break.

 

[Marfa Lights]

It's not a clean slate. The starting point is a sentence prescribed for the specific crime.

Lunch break. Tilly is acting like she is reluctant to take a lunch break???

She is acting a little huffy toward Nel IMO.

 

[Fuskier]

Barry Bateman Verified account ‏@barrybateman 15h15 hours ago

#OscarPistorius we break for lunch. BB
EWN Reporter ‏@ewnreporter 15h15 hours ago

#OscarPistorius we break for lunch. BB

Karyn Maughan Verified account ‏@karynmaughan 15h15 hours ago

We break. #OscarPistorius

 

[Fuskier]

Barry Bateman Verified account ‏@barrybateman 15h15 hours ago

#OscarPistorius we break for lunch. BB
EWN Reporter ‏@ewnreporter 15h15 hours ago

#OscarPistorius we break for lunch. BB

Karyn Maughan Verified account ‏@karynmaughan 15h15 hours ago

We break. #OscarPistorius

 

[LemonMousse]

OK - I will do him - and you can do the other 15!

Oooo er Matron

 

[Viper]

I honestly do not think Roux has met the criteria of mitigating circumstances that would provoke Masipa into lowering and disregarding the mandatory sentence for murder in the case of Pistorius..

Certainly, there were a lot of attempts at mitigation from Roux, but I don't think they met the criteria that Nel has laid out as the law in regard to departing from a mandatory sentence.

I've been wrong before, though.. never in my wildest dreams did I think I 'd be here in 2016 about Oscar.,

"Never in my wildest dreams..." I was thinking that exact same thought 10 minutes ago!

I tuned in 40 minutes ago Trooper, who was the State witness this morning?

 

[Fuskier]

City Press Online Verified account ‏@City_Press 15h15 hours ago

Nel: Our courts have a duty, a duty My Lady, to impose the minimum sentence without any personal bias #OscarPistorius

 

[lithgow1]

David Dadic ‏@DavidDadic 2m2 minutes ago

Riveting stuff. No drama like a court room.


Must say I agree with him. I know it is easy for us whereas for those caught up in it it is likely a drama most would rather miss but most aspects of it are fascinating.

 

[mrjitty]

Great start

Of course he is correct. The legislature and the authorities make it clear that 15 years is the point of departure

A compelling circumstances must be factually established.

Now Nel will go on to cover what can qualify but I expect him to highlight that these are likely to be discounts on 15 years for extenuating circumstances not a complete departure from the mandatory.

Be interesting to hear some of the case law on this!

 

[Trooper]

"Never in my wildest dreams..." I was thinking that exact same thought 10 minutes ago!

I tuned in 40 minutes ago Trooper, who was the State witness this morning?

It was Kim Martin, Reeva's cousin.. frankly, I didn't get her full impact, I still haven't.. there must have been some sort of reason that I missed... from Nel's request yesterday, I thought it would be full of angst and drama.. well.. not really. .. mainly, Kim was 6 of one, half a dozen of the other... she didn't know much about Reeva and Oscar, on the other hand she knew a lot about Reeva.. and so on...

 

[cottonweaver]

Matchitchi (sp) was a 2011 judgment in which the ACA said that criminality was on the rise despite minimum sentencing. It still is no longer business as usual, but sentencing courts are still deviating from minimum sentencing requirements based on the flimsiest reasons.

It should be the DUTY of the court to follow the sentencing guidelines.

I could only watch up to this point . I think BIB is very strong point for a judge whose competence has been questioned and who is still aware of the controversies re minimums still not being applied appropriately in SA

 

[JudgeJudi]

Nel is at his finest today. He's pulled the rug out from Roux and destroyed everything he said.

 

[cottonweaver]

David Dadic ‏@DavidDadic 50s50 seconds ago

Is Nel going to try get him out of the hospital wing?

I don't quite get the meaning of this quote from DD - wonder what he means.
Moved to gen population?
Moved to a secure mental hospital?
I couldn't watch. What was nel's point?

 

[Interested Bystander]

I don't think there is a hope in hell of OP being given the "minimum sentence" even though it is what he deserves plus the fact that the State has already said they will appeal a sentence of less than 8 years which opens the "door" for Masipa to take the comment into consideration. IMO, regardless of what the PT are arguing now, Masipa is very likely to give the 8 years knowing it will likely bring an end to the case. She may even go for 10 to ensure this. As we all know this will mean he only serves 5 minus the one year already spent inside. So I am still of the opinion he will be out in 4 years.

 

[Jake18]

Neil's use of "flimsy" with regard to Roux's mitigation factors sounds like a message to Masipa that if she is too lenient then they'll appeal. Again.

 

[lithgow1]

Nel is at his finest today. He's pulled the rug out from Roux and destroyed everything he said.

Yes, he seems to be doing very well and avoiding all the emoting that Roux did. My 'best bits' thus far are his emphasis on how the crime is much closer to DD than CH, which is a direct opposition to Roux's tack, and the 'well if you want to see the truth, let's look at the photos of what he did to her'. That often gets lost I think and Roux's Oscar sans prosthetics allowed him to go there. And go there he did.

 

[cottonweaver]

It's not a clean slate. The starting point is a sentence prescribed for the specific crime.

Lunch break. Tilly is acting like she is reluctant to take a lunch break???

She is acting a little huffy toward Nel IMO.

What was she doing Marfa?

 

[lithgow1]

I don't quite get the meaning of this quote from DD - wonder what he means.
Moved to gen population?
Moved to a secure mental hospital?
I couldn't watch. What was nel's point?

I was a bit busy flaffing about all over the place and my feed kept buffering so I am not sure exactly but am pretty sure it would be gen pop rather than mental hospital. Maybe someone else caught it?