Trial Discussion Thread #59 - 14.21.10, Day 48 ~ sentencing~

[Aika]

My take: State has no option but to appeal. Can't leave confusion around dolus eventualis and intent to possess. Will haunt NPA for years.

https://twitter.com/alexeliseev/status/524538640253612032

 

[zwiebel]

Because Trump called Masipa a moron.

Trump: The judge in the Oscar Pistorious case is a total moron. She said he didn't act like a killer. This is another O.J. disaster!

September 12th

I don't like the personal insult, but I agree with his comment before that, that it seems like a 'travesty' of justice.....although he's under the impression OP was convicted of 'cold-blooded' murder, I think. Sigh.

 

[JudgeJudi]

View attachment 61837

Forgive me Uncle for I have sinned. Sorry I've wasted a lot of your money.

 

[sleuth-d-]

Hi sleuth-d-

Its not 1/6th minimum detention because it is a 5 yr sentence, it is because Masipa chose this special sentence option. A standard 5 yr sentence would be 1/2 minimum detention.

I set out all the boring specifics in this post

thank you for the information...
i looked up s276[1] and this popped up. which put the whole op thing sharply into focus for me. what a crazy world we live in.

http://www.justice.gov.za/sca/judgments/sca_2011/sca2011-110.pdf

so, we have 4 years for stealing cattle. how ironic in light of roux's ridiculous story about goats.
today we have 5 years for grossly negligent ch.

 

[JudgeJudi]

Good point from david Dadic, which to me highlights what a gross waste of SA State funds this trial has been.


"The question is, if the state offered this to Oscar before the start of the trial as a plea bargain, would he have taken it? I think so."

https://twitter.com/DavidDadic/status/524485692928565248

The State would never have offered CH in a plea bargain. Even if they did, why would he take it? He pleaded not guilty to all charges yet later changed his plea re Tasha's. He truly believed he was untouchable. "I always win".

 

[Aika]

Five-year sentence ‘carefully chosen’ – law expert

http://citizen.co.za/261560/five-year-sentence-carefully-chosen-law-expert/

“The number ‘five years’ was not an ordinary number, it was carefully selected,” Wits School of Law Professor Stephen Tuson said.

According to Section 276 of the Criminal Procedure Act, one-sixth of a jail sentence can be converted to house arrest, if the sentence is not more than five years.

This meant Pistorius could spend only 10 months in prison.

“That is why it was carefully chosen,” Tuson said.

 

[Cherwell]

A few thoughts.

Confirmed by roxanne adams 10 months jail then house arrest

Smug little cow.

Good point from david Dadic, which to me highlights what a gross waste of SA State funds this trial has been.


"The question is, if the state offered this to Oscar before the start of the trial as a plea bargain, would he have taken it? I think so."

https://twitter.com/DavidDadic/status/524485692928565248

I don't! He was so arrogant he didn't even think he would have to stand trial.

I wonder where Oldwage was during this phase? No sign of him at all.

They had to make some economies, and Oldwadge's fee was one of them. :lol:

I wonder if OP will at least feel the same sense of panic Reeva did for every single night he spends in his single prison cell wondering what's on the other side of the door? I know he won't ever feel remorse but terror and panic may give him a little insight into what he put Reeva through.

IMO he'll still feel like that when he gets out. He'll be constantly wondering if Schultz, Batchelor & co are around the corner.


I do wonder if Masipa deliberately made sure he went inside for a little while in order to protect him from "society taking the law into its own hands".

 

[Paul_1900]

Just like "there was no point" in screaming when he opened the toilet door and saw Reeva.

yep, that was a part which made his testimony appear so "invented and construed" for me. As if it would be a conscious decision to scream/shout or not. weird.

 

[Aika]

There is a special on OP on 702 Radio now with Xolani Gwala - but I don’t know for how long

http://702.co.za

 

[JudgeJudi]

I believe the case is then sent back for a new sentence - Masipa will do the sentencing

The judges hearing the appeal will decide the sentence. 3 judges - majority decision.

 

[Aika]

The judges hearing the appeal will decide the sentence. 3 judges - majority decision.

OK - thanks I remember one of the SA experts said it would be going back to Masipa if the verdict was based on error in law, that’s why.

 

[Paul_1900]

See, I knew Uncle Arnold forgot to tell Carl and Aimee about the Pistorius family wanting 'privacy and dignity'.

nailed it for me :hilarious:

 

[Aika]

The Pistorians

 

[JudgeJudi]

OP was/is accustomed to the finest things. Money, celebrity status, adoration of fans, and the finest things money could buy. He honestly thought laws did not apply to him, IMO.

He has been lodged at his uncle's mansion with gourmet meals and servants. His lodging tonight will not be as grand, and his lunch and supper tonight will not be gourmet. He won't have his bed turned down or a chocolate under his pillow.

I like that OP was publically taken into custody without tearful goodbyes and so forth. At least during incarceration, he will do as someone else tells him to do and not as he pleases.

Even a hospital ward can be tough in prison. I hope he spends each day and night with horrible, wretched inmates (as he is). There will be inmates who will give this golden boy a hard time even though it is a hospital environment. I want every moment OP is there to be sheer hell.

I got here late this morning so I just kept my mouth shut and listened. I got progressively sicker and sicker as I listened to Masipa. This is not justice for Reeva or her parents, nor for the friends who loved her. GB them all.

Sorry for the long post everyone. I just had to have my final say. GB all of you for sticking it out wanting justice. Love you all!

MOO

A commentator said people shouldn't imagine that just because it's a hospital environment that everyone's sick in bed. There are other people there just like him, or maybe not. In any event there's only 7 inmates at present where's he's going, but capable of accommodating 22.

 

[JudgeJudi]

At least Uncle Arnold and Aimee will sleep safely tonight.

When the family see him on Saturday they'll no doubt ask him "How do you sleep at night?"

:floorlaugh:

 

[newone]

Five-year sentence ‘carefully chosen’ – law expert

http://citizen.co.za/261560/five-year-sentence-carefully-chosen-law-expert/

“The number ‘five years’ was not an ordinary number, it was carefully selected,” Wits School of Law Professor Stephen Tuson said.

According to Section 276 of the Criminal Procedure Act, one-sixth of a jail sentence can be converted to house arrest, if the sentence is not more than five years.

This meant Pistorius could spend only 10 months in prison.

“That is why it was carefully chosen,” Tuson said.

That makes this sentence a slap in the face of the PT (MOO).....

 

[JudgeJudi]

I wonder if Sky have hired their own helicopter to follow the prison van like they do when a UK criminal is sent packing?

E.T.A I forgot the prison was just around the corner so I hope they parade him around there in his orange suit doing the perp walk.

Hahaha. Journos were waiting outside the front entrance but he was taken in another way. No grand entrance for Mr Special.

 

[Interested Bystander]

Hahaha. Journos were waiting outside the front entrance but he was taken in another way. No grand entrance for Mr Special.

Definitely Mr Special. No handcuffs when he left court and got in the Prison Van. He must be the only convict in SA who wasn't handcuffed when carted off to jail.

 

[jay-jay]

Definitely Mr Special. No handcuffs when he left court and got in the Prison Van. He must be the only convict in SA who wasn't handcuffed when carted off to jail.

That's wrong, isn't it .. but I do remember that my violent ex, when he broke into my house and trashed it while I was out, and the police went around to his mother's house and arrested him there, for some unknown reason he was allowed to avoid being cuffed just because he insisted on it .. which really annoyed me when I heard about it .. why the hell shouldn't he have been cuffed and why did he think he was so special that he shouldn't have been, whereas everyone else who commits a crime like that would've been. By not doing things like this only adds to those types of people's feelings of superiority .. they should always be treated like the low-lifes they really are!

 

[believe09]

Five-year sentence ‘carefully chosen’ – law expert

http://citizen.co.za/261560/five-year-sentence-carefully-chosen-law-expert/

“The number ‘five years’ was not an ordinary number, it was carefully selected,” Wits School of Law Professor Stephen Tuson said.

According to Section 276 of the Criminal Procedure Act, one-sixth of a jail sentence can be converted to house arrest, if the sentence is not more than five years.

This meant Pistorius could spend only 10 months in prison.

“That is why it was carefully chosen,” Tuson said.

I absolutely believe this.