Oscar Pistorius - Sentencing - 6.13.2016

[Interested Bystander]

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...

I thought it was a bit of a damp squib. She had already given a statement during the trial. There was nothing really left to say. I too was expecting something more impactful.

 

[Estelle]

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.

I read on Twitter that she was quoted out of context about the eight years.

 

[lithgow1]

I read on Twitter that she was quoted out of context about the eight years.

Ah thank you for that. It has had a few of us confused. Today Nel is arguing strongly for at least the minimum so hopefully we can put that 8 year thing to bed. Interesting that IIRC Roux never actually gave a time that the defense felt would be fitting.

 

[JudgeJudi]

It's important to note that Nel is referring to recent case law, unlike Roux.

 

[mrjitty]

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

The reality is the findings & dicta of Justice Leach carefully stitched OP up as far as the intruder version is concerned.

She does not really have much space to move unless she wants to open herself up to an obvious appeal.

Roux of course is asking for the moon on a wing and prayer - but it should not really be taken that seriously.

Personally I think a 3-5 year discount might fly if Masipa goes there - but much more and its getting silly.

The idea of a 10 yr discount clearly flies in the face of the sentencing guidelines.

Interesting Roux did not really come up with any decided cases supporting the idea that OP's sentence should be in the 5 year ballpark

 

[Interested Bystander]

I read on Twitter that she was quoted out of context about the eight years.

Thank you for that, I did not know. I do not use Twitter. If that is the case it does paint a slightly different picture but I have gone for the 10 years rather than 8 and hope I am wrong and it is more.

 

[Estelle]

I thought it was a bit of a damp squib. She had already given a statement during the trial. There was nothing really left to say. I too was expecting something more impactful.

I was disappointed too that he did not get someone else.

 

[mrjitty]

Ah thank you for that. It has had a few of us confused. Today Nel is arguing strongly for at least the minimum so hopefully we can put that 8 year thing to bed. Interesting that IIRC Roux never actually gave a time that the defense felt would be fitting.

I think this is because he doesn't have any authorities he can rely on

He just swings for the fence and hopes

Anything is a bonus really.

 

[Viper]

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.

It is 75% not 50%. The State has all of the cards at this point. Forget about the 8 years comment. If she gave 10 years the State can still appeal that sentence with nothing to lose, and the SCA would absolutely throw 15 years at OP, or more, without blinking an eye.

 

[Interested Bystander]

Ah thank you for that. It has had a few of us confused. Today Nel is arguing strongly for at least the minimum so hopefully we can put that 8 year thing to bed. Interesting that IIRC Roux never actually gave a time that the defense felt would be fitting.

I think Roux was angling for NO period of incarceration which, fairly obvious to us all, would be exceptionally unlikely.

 

[Fuskier]

eNCA Verified account ‏@eNCA 15h15 hours ago

[COMING UP] Criminal Law Expert William Booth joins us on #NewsDay to discuss today's #OscarPistorius sentencing proceedings. #DStv 403

 

[Interested Bystander]

It is 75% not 50%. The State has all of the cards at this point. Forget about the 8 years comment. If she gave 10 years the State can still appeal that sentence with nothing to lose, and the SCA would absolutely throw 15 years at OP, or more, without blinking an eye.

I do hope you are right and agree if the state does appeal the SCA will likely give a longer sentence than whatever is proposed by Masipa. I got a very strong feeling that the SCA thought it was DD and that he knew what he was doing but unfortunately, as we know, the state was not in a position to go for DD.

 

[Jake18]

I think Roux was angling for NO period of incarceration which, fairly obvious to us all, would be exceptionally unlikely.

I wonder if that's at Oscar's directive?

 

[Estelle]

So far all I can think of that Masipa will have to start with 15 years minus what he has already served.

However, we have not heard of his aggravation factors yet.

 

[mrjitty]

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.

If she's clever she will give 10+

If she is feeling frisky she will go with 8

If she fancies being at the centre of a shitstorm she will stick on 5

 

[cottonweaver]

phew - here's the upload , for all of us who couldn't watch it all live.

[video=youtube;NSHDcmWM2m4]https://www.youtube.com/watch?v=NSHDcmWM2m4[/video]

 

[mrjitty]

It is 75% not 50%. The State has all of the cards at this point. Forget about the 8 years comment. If she gave 10 years the State can still appeal that sentence with nothing to lose, and the SCA would absolutely throw 15 years at OP, or more, without blinking an eye.

This is exactly what I raised before.

A poster already made a post with the answer and authorities.

Now you post 75% - what is your authority for this please?

 

[JudgeJudi]

For Barry Roux to parade Oscar on his stumps in front of Masipa to get her sympathy at the sentencing hearing is the lowest thing I've ever seen in a courtroom for a man who is a convicted murderer. I've said it before but I have to say it again, and again, I have no respect for Roux. He has no morals, no scruples, no sense of decency. This in front of Barry and June who know their daughter was murdered in a most horrendous way and trapped in that tiny cubicle.

I nearly choked when Nel asked on behalf of Barry that Reeva's injuries be shown to the world and I understand why he said it. Barry has seen the 2 in court, but he hasn't seen the others. I don't think his heart will stand it to see close-ups of her injuries. Countless pics are taken of bodies from every angle and some very close-up shots. He's barely managing now. This is really a case of be careful what you ask for.

 

[lithgow1]

eNCA Verified account ‏@eNCA 15h15 hours ago

[COMING UP] Criminal Law Expert William Booth joins us on #NewsDay to discuss today's #OscarPistorius sentencing proceedings. #DStv 403

Thanks. Do you have a link to the actual page where we can listen to him? I just went to the eNCA but can only see the live stream and it is on pause for lunch.

 

[Paul Connelly]

The dichotomy between the two sides is breathtaking but Nel has brought this home using solid law and the weight of the SCA's ruling. He's told Masipa what he's going to tell her, next he will tell her backed up by solid case law, then he will tell her what he just told her and put this sorry charade to bed for good.

This has really shown up Roux's dramatic, emotional, supplication for the Hail Mary it was. He's getting 10+ for sure. Masipa is boxed in by the clear judgement of the SCA and she knows damn well if she doesn't put him away for a lengthy spell the SCA will gladly do it for her.