Do you think Julius Malema will actually go to prison?

Do you think Julius Malema will actually go to prison?

  • Yes

    Votes: 56 27.1%

  • No

    Votes: 151 72.9%
  • Total voters
    207
Once again, at least 60% of the populace don't see anything wrong with thievery of their elected criminals, nor any of their other vast crimes.

All of that unearned opulence and the constant addressing of crowds seems to be enough for the terminally stupid.
 
skimread said:
If you read what he is going to prison is not firing the gun. He only got fined for that.

He got given a 5 year prison sentence for unlawful possession of a firearm. He was handed the gun and gave it back.
He also got a concurrent sentence of 2 years for being in possession of ammunition as the gun was loaded.

The appeal will focus on the possession of a gun for 1 minute is unfair. They will look up case law where maybe a gun owner handed a gun to a family member and told them to test shoot and that family member didn't get charged. I would think the person who owned the gun is in fact more liable for handing over a gun temporarily.

This case is easily appealable and as in the Oscar Pistorius case this shows the world what a joke South Africa's legal system is with the initial finding. Lots of fancy words and long verdict which means very little.

In my view he should have gotten a prison sentence for the planned firing a gun in a crowded area which was the most egregious act. But he didn't. He just got fined for that. And that is the flaw.

I believe the appeal's court will find in his favour and he then claim to be a victim of a white judge.
Click to expand...

.
Great post. I agree

In SA judges have discretion re sentencing, and are supposed to consider 3 major factors when doing so.
namely circumstances of person, seriousness and greater good for society.

Playing to and presenting those in a particular way should make an appeal successful
 
skimread said:
If you read what he is going to prison is not firing the gun. He only got fined for that.

He got given a 5 year prison sentence for unlawful possession of a firearm. He was handed the gun and gave it back.
He also got a concurrent sentence of 2 years for being in possession of ammunition as the gun was loaded.

The appeal will focus on the possession of a gun for 1 minute is unfair. They will look up case law where maybe a gun owner handed a gun to a family member and told them to test shoot and that family member didn't get charged. I would think the person who owned the gun is in fact more liable for handing over a gun temporarily.

This case is easily appealable and as in the Oscar Pistorius case this shows the world what a joke South Africa's legal system is with the initial finding. Lots of fancy words and long verdict which means very little.

In my view he should have gotten a prison sentence for the planned firing a gun in a crowded area which was the most egregious act. But he didn't. He just got fined for that. And that is the flaw.

I believe the appeal's court will find in his favour and he then claim to be a victim of a white judge.
Click to expand...
I strongly believe this is what will happen, and that this outcome was planned from the very beginning.
 
Napalm2880 said:
I strongly believe this is what will happen, and that this outcome was planned from the very beginning.
Click to expand...
Malema's whole defense was focused on firing the gun. They must be in shock that he got the prison sentence for the charge of being in possession of a gun and ammunition for 1 minute.

A win-win for Malema. Win the appeal and be seen as a martyr who overcame a white judge when black appeal judge criticizes the white judge for the 1 minute possession charge being 5 years in prison being so overly harsh.
They want to market him as future president and sentenced for posession for 1 minute will fit perfectly in his narrative that he is the victim and being persecuted by whites including this white judge.

My view the prosecution should appeal the sentence as he should have gotten prison not for possession but for planning firing a gun in a residential area possibly killing someone. But I bet they won't.
 
Tomtomtom said:
IANAL but direct imprisonment seems pretty harsh especially since nobody was harmed.

It also helps nobody politically. For his political enemies he goes down like a martyr and just look who sentenced him.

A suspended sentence and a large fine would have been enough to my mind.
Click to expand...
Nobody was harmed, until somebody is harmed. Stray bullets can kill people. There's a reason why this "harmless" offence carries a criminal conviction...
 
skimread said:
Malema's whole defense was focused on firing the gun. They must be in shock that he got the prison sentence for the charge of being in possession of a gun and ammunition for 1 minute.

A win-win for Malema. Win the appeal and be seen as a martyr who overcame a white judge when black appeal judge criticizes the white judge for the 1 minute possession charge being 5 years in prison being so overly harsh.
They want to market him as future president and sentenced for posession for 1 minute will fit perfectly in his narrative that he is the victim and being persecuted by whites including this white judge.

My view the prosecution should appeal the sentence as he should have gotten prison not for possession but for planning firing a gun in a residential area possibly killing someone. But I bet they won't.
Click to expand...

Look at it in isolation. He had a loaded AK47 that did not belong to him and that he is not competent or trained to handle or use.

And a fully loaded AK47 in the hands of anyone not trained to use it is a nightmare waiting to happen. Never mind in the hands of a politician grandstanding in front of a huge crowd.

Whether he fired it or not, IMO he deserves every day of his sentence and more.
 
Spizz said:
Look at it in isolation. He had a loaded AK47 that did not belong to him and that he is not competent or trained to handle or use.

And a fully loaded AK47 in the hands of anyone not trained to use it is a nightmare waiting to happen. Never mind in the hands of a politician grandstanding in front of a huge crowd.

Whether he fired it or not, IMO he deserves every day of his sentence and more.
Click to expand...
Haven't read the judgment. But anyone is allowed to handle and use my firearm under my supervision. Doesn't matter if they have a competency, or are competent or trained to use it.

Will read the judgment later. Sounds interesting based on the discussions here.
 
Mike Hoxbig said:
Nobody was harmed, until somebody is harmed. Stray bullets can kill people. There's a reason why this "harmless" offence carries a criminal conviction...
Click to expand...

As pointed out by skimread, the firing of the gun didn't carry the sentence of imprisonment.

I suspect the magistrate's position is basically correct - the unlawful possession of a firearm is a very serious crime, and if charges are brought and proved you are imprisoned for it by default. She can't deviate from the sentence the law calls for without very good reason. I'm sure she's happy to leave that to a higher court.

skimread said:
The appeal will focus on the possession of a gun for 1 minute is unfair. They will look up case law where maybe a gun owner handed a gun to a family member and told them to test shoot and that family member didn't get charged.
Click to expand...

The problem is going to be his intent. His intention went well beyond mere possession. Since there's no minimum time before a gun can be fired, I don't think the fact he held it for only one minute is going to be relevant. But there may be a threshold of intent, which would mitigate the situation for someone just holding a gun for a family member.

That said it turns out mere possession is no joke.
 
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