Oscar Pistorius - Sentencing - 6.13.2016

[mrjitty]

".... this accused murdered her."


Yep.

 

[Fuskier]

Karyn Maughan Verified account ‏@karynmaughan 15h15 hours ago

Nel: Reeva Steenkamp has done nothing wrong. This accused murdered her #OscarPistorius

 

[Fuskier]

Jacaranda News ‏@JacaNews 15h15 hours ago

#OscarPistorius Nel stressing the impact this death has had on Reeva's family - they didn't do anything wrong, but Oscar did.

 

[Fuskier]

EWN Reporter ‏@ewnreporter 15h15 hours ago

#OscarPistorius Nel: giving the victim a voice, the court truly recognises the wrong done to his victim. BB

Barry Bateman Verified account ‏@barrybateman 15h15 hours ago

#OscarPistorius Nel: giving the victim a voice, the court truly recognises the wrong done to his victim. BB

 

[Fuskier]

The Citizen News ‏@TheCitizen_News 15h15 hours ago

#OscarPistorius: Nel: the victim's voice must be heard. We have heard victims who are suffering and grieving. #ID

 

[Fuskier]

Jacaranda News ‏@JacaNews 15h15 hours ago

#OscarPistorius Nel says the victim is the one who feel the full impact of the crime - in this case she sin't alive, but her family suffers.

 

[Fuskier]

Jacaranda News ‏@JacaNews 15h15 hours ago

#OscarPistorius Nel arguing that forgiving someone doesn't mean the impact is any less - Steenkamps did it so they could carry on.

The Citizen News ‏@TheCitizen_News 15h15 hours ago

#OscarPistorius: Nel: forgiveness by Steenkamps does not lessen impact of crime. #ID

 

[Fuskier]

Jacaranda News ‏@JacaNews 15h15 hours ago

#OscarPistorius Nel says this court should do its duty and sentence in accordance to the crime.

 

[cottonweaver]

Old news now, but putting it in sequence as far as poss

Hearing resumes

9m ago 12:59
Pistorius is back in court in his suit. Nel is set to conclude his closing argument, with Judge Masipa having indicated the court will sit today for as long as is needed to finish the sentencing hearing.

She will then retire to consider what sentence to impose. We don’t yet know when she will come back with that – Friday would probably be the earliest opportunity.

1m ago 13:07
Gerrie Nel continues with his argument for the state in aggravation of sentence.

Nel cites case law to say that “wholly suspending” a prison sentence, even in compelling circumstances, is "not permitted".

The starting point is 15 years, he says.

https://www.theguardian.com/world/l...ius-sentencing-live-day-three-reeva-steenkamp

The Pros heads read out by Nel now :
( missed a bit at start)
Nel: no scope for misplaced pity, nor for "mercy's sake"
P& De Villiers case vs DPP - on mercy , not mere sympathy for the offender
Terreblanche text cited next and another unpronouncable case cited "proper punishment, proper weight acc to circumstances, for serious crimes rehab is of smaller role than retribution & deterrence"

This is not a clean slate milady, this is also a very serious offence, it was before as CH, now its murder milady so even more serious, lots more aggrav factors now found by SCA, its a serious, severe crime, ergo rehab is less imp, we argue.
Scholtz's report - he ignored OP prison behaviour which was violent and Dr Byee's(sp?) report was ignored by Scholtz and shows Scholtz's bias

 

[Fuskier]

Jacaranda News ‏@JacaNews 15h15 hours ago

#OscarPistorius Nel says it struck him when Steenkamp explained how he heard Reeva died - he received a call from June.

The Citizen News ‏@TheCitizen_News 15h15 hours ago

#OscarPistorius: Nel - its rare to find evidence of such devastation as testified about by #Reeva's father, cousin. #ID

 

[cottonweaver]

1m ago
13:24
The victims here are the mother, father and family of Reeva Steenkamp, Nel goes on. They have rights that must be considered.

The deceased has done nothing wrong … She will never walk again … The accused murdered her.

He reminds the judge that Barry Steenkamp said he would never get over his daughter’s death.

The victims’ voices must be heard, he says, but this is not decisive: the court must still decide, even if the victim has forgiven. Forgiveness does not mean the impact is less severe.

Justice must still be properly administered … despite an admission of forgiveness.

Forgiveness has more to do with the person forgiving than with the crime.9m ago
13:17
In a crime as serious as murder, retribution and deterrence should be at the fore, with rehabilitation less important, Nel says.

We’re dealing with a matter that is severe … we argue that the rehabilitation of the offender will play a relatively smaller role.

Nel says the defence witness Dr Jonathan Scholtz “ignored the violent aspects of the accused” – that is, the report by the prison psychologist about incidents of aggression while he was serving his sentence.

Nel says Scholtz is clearly biased.

He says it is the duty of the court to lead public opinion, not to follow it. But it must reflect the “indignation and outrage” of the public and deter others:

A sentence by this court should deter people from acting in this way.

https://www.theguardian.com/world/l...ius-sentencing-live-day-three-reeva-steenkamp

 

[Fuskier]

Jacaranda News ‏@JacaNews 15h15 hours ago

#OscarPistorius Nel now goes over how the family and friends heard about Reeva's death, how their lives changed, etc.

 

[Fuskier]

Martin Cuddihy Verified account ‏@MartinCuddihy 15h15 hours ago

Nel continuing to invoke the grief of Barry Steenkamp to push for a lengthy sentence for #OscarPistorius.

 

[Fuskier]

The Citizen News ‏@TheCitizen_News 15h15 hours ago

#OscarPistorius: Nel: court has duty to prevent this from happening again. #ID

Jacaranda News ‏@JacaNews 15h15 hours ago

#OscarPistorius Nel says the courts have a duty to protect society.

 

[Fuskier]

EWN Reporter ‏@ewnreporter 15h15 hours ago

#OscarPistorius Nel: the victims’ rights should get the same weight as other factors when considering sentence. BB

Barry Bateman Verified account ‏@barrybateman 15h15 hours ago

#OscarPistorius Nel: the victims’ rights should get the same weight as other factors when considering sentence. BB

 

[Fuskier]

eNCA Verified account ‏@eNCA 15h15 hours ago

#OscarPistorius Nel: The Prosecution says the court have a duty to protect society and set an example to deter others.

 

[Paul Connelly]

That's it Nel, bring the focus back to the real victims. The bereft and those numb with pain and disbelief. Not the drama queen sociopath who will do anything to win and bury those who he toys with or threaten him.

 

[Fuskier]

EWN Reporter ‏@ewnreporter 15h15 hours ago

#OscarPistorius Nel: real remorse is accused taking the court into his confidence, explaining why he did it - we don’t have that. BB

 

[cottonweaver]

Triad of Zinn now is outmoded - great - esp in terms of the victim.Victim should not be lumped into the "interests of society" category

Lets discuss victim's rights, not just under "interests of society"

leach & Shakespeare quote is cited.

Chasm between regret & remorse

this is copied from Malgas re Matyityi case
A

s to the remorse said to have been manifested by his guilty plea, what this court said in Matyityi is instructive. It said (para 13): ‘It has been held, quite correctly, that a plea of guilty in the face of an open and shut case against an accused person is a neutral factor. . . There is, moreover, a chasm between regret and remorse. Many accused persons might well regret their conduct, but that does not without more translate to genuine remorse. Remorse is a gnawing pain of conscience for the plight of another. Thus genuine contrition can only come from an appreciation and acknowledgement of the extent of one's error. Whether the offender is sincerely remorseful, and not simply feeling sorry for himself or herself at having been caught, is a factual question. It is to the surrounding actions of the accused, rather than what he says in court, that one should rather look. In order for the remorse to be a valid consideration, the penitence must be sincere and the accused must take the court fully into his or her confidence. Until and unless that happens, the genuineness of the contrition alleged to exist cannot be determined.

Nel didn't read that out, it's from an old post

 

[Fuskier]

Karyn Maughan Verified account ‏@karynmaughan 15h15 hours ago

Nel again arguing that #OscarPistorius "didn't take the court into his confidence", i.e. he hasn't told the truth.