Oscar Pistorius: The Sentence

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MickeyD

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OSCAR SENTENCING PROCEDURES START

Sentencing procedures in the case against Oscar Pistorius start in the High Court in Pretoria on Monday.

On September 12, Judge Thokozile Masipa found the paralympian not guilty of murdering his girlfriend Reeva Steenkamp in his Pretoria townhouse on Valentine's Day last year, but convicted him of culpable homicide.

Pistorius shot Steenkamp through the locked door of the toilet, apparently thinking she was an intruder about to emerge and attack him. She was hit in the hip, arm, and head.

"There is no basis for this court to make the inference that the accused wanted to kill the deceased," Masipa found.

She said evidence showed that Pistorius acted negligently when he fired into the toilet door knowing there was someone behind it.

With regard to firearms-related charges, Masipa found Pistorius guilty of firing a Glock pistol belonging to his friend Darren Fresco under a table at Tasha's restaurant in Johannesburg in January 2013.

However, she found him not guilty of shooting through the open sunroof of a car with his 9mm pistol while driving with Fresco and ex-girlfriend Samantha Taylor in Modderfontein on September 30, 2012.

She also found him not guilty on a count of illegal possession of ammunition.

Source : Sapa /dm/cls/gq
Date : 13 Oct 2014 02:00
 
OSCAR PISTORIUS FACES SENTENCING THIS WEEK
by Christopher Torchia

What kind of sentence will Oscar Pistorius get for killing girlfriend Reeva Steenkamp?

South African judge Thokozile Masipa has wide latitude in deciding the sentence after several days of legal arguments and testimony that begin Monday. Last month she convicted the double-amputee runner of culpable homicide, or negligent killing. Sentences for such a crime can range from a suspended sentence and a fine to as many as 15 years in prison.

Pistorius, once a celebrated athlete who ran in the 2012 Olympics, was charged with premeditated murder in a televised trial that transfixed many people around the world, but Masipa found him not guilty of that charge. She drew criticism from some South Africans who thought Pistorius could at least have been convicted of a lesser murder charge on the grounds that he knew a person could die when he fired four bullets through a toilet door in his home early on Valentine's Day last year.

Steenkamp, a 29-year-old model, died in the hail of bullets, and prosecutors said Pistorius had opened fire in anger after the couple argued. The runner testified that he mistook Steenkamp for an intruder who was about to come out of the toilet and attack him.

South African lawyers vary widely in predictions about what kind of sentence Pistorius will get. Some say he is unlikely to go to jail because defense lawyers will successfully argue that the athlete is a first-time offender with a disability that would subject him to particular hardship in prison, while others anticipate that Pistorius will be sentenced to some prison time because of the severity of his crime.

"I think that the probabilities are that the judge will send him to prison for a certain period, but not a very long one," said George Bizos, a human rights lawyer. He did not specify the length of a possible jail term.

There are "clear aggravating and mitigating factors" that could influence the judge's decision-making but that it was difficult to accurately predict the penalty because the "sentencing law is so individually applied," said Kelly Phelps, a senior lecturer in the public law department at the University of Cape Town.

There are, however, past culpable homicide sentences in South Africa that provide some context for the Pistorius case.

They include a singer known as Jub Jub whose murder conviction was overturned and replaced with a culpable homicide conviction this month, dropping his prison sentence from 25 to eight years. He was arrested after a 2010 drag race in which he and another man ploughed cars into a group of schoolchildren, killing four and seriously injuring two.

In a separate case, a taxi driver's murder conviction was also reduced to culpable homicide last year, cutting his prison time to eight years instead of 20. The driver's car had hit a train, and 10 children died in the accident.

Source : Sapa-AP /kd/gq
Date : 12 Oct 2014 18:07
 
PISTORIUS ARRIVES AT COURT

Oscar Pistorius arrived amid heavy security at the High Court in Pretoria on Monday morning ahead of sentencing procedures for his culpable homicide conviction.

The athlete arrived in a white Toyota 4x4, wearing a dark suit and a white shirt with a black tie. He was escorted by a group of police wearing bulletproof jackets while a media continent swarmed around him.

After he entered the court room he spoke to his lawyer Brian Webber.

Pistorius was convicted of culpable homicide on September 12 for the shooting of his girlfriend Reeva Steenkamp on Valentine's Day last year.

Judge Thokozile Masipa found him not guilty of murdering Steenkamp, but convicted him of culpable homicide.

Steemkamp's parents June and Barry Steenkamp, former soccer player Marc Batchelor and her Johannesburg "family" the Myers, arrived in court earlier.

Pistorius previously allegedly threatened to break Batchelor's legs, and Batchelor made threats in return. This was after Pistorius found out his girlfriend at the time had been allegedly cheating on him with Batchelor's friend, coal mining millionaire and TV producer Quinton van der Burgh.

Pistorius's friend and business Kenny Kunene was also in court. He sat in the last row of the public gallery, wearing sunglasses and a white t-shirt with the words "the uncomfortable truth" on the front.

Earlier security guards wheeled out a bag scanner and a walk-through metal detector to the entrance of the court GD. This was the first time the devices were placed at the court room.

Pistorius shot Steenkamp through the locked door of the toilet in his Pretoria home, apparently thinking she was an intruder about to emerge and attack him.

She was hit in the hip, arm, and head.

Masipa said that there was no basis for the court to make the inference that Pistorius wanted to kill Steenkamp.

She said evidence showed that Pistorius acted negligently when he fired into the toilet door knowing there was someone behind it.

With regard to firearms-related charges, Masipa found Pistorius guilty of firing a Glock pistol belonging to his friend Darren Fresco under a table at Tasha's restaurant in Johannesburg in January 2013.

However, she found him not guilty of shooting through the open sunroof of a car with his 9mm pistol while driving with Fresco and ex-girlfriend Samantha Taylor in Modderfontein on September 30, 2012.

It was not known who the State and defence would call as witnesses on Monday.


Source : Sapa /aa/th/dm
Date : 13 Oct 2014 09:09
 
STATE WILL ARGUE FOR MAXIMUM SENTENCE: NPA

The State will argue in the High Court in Pretoria on Monday that paralympian Oscar Pistorius must get the maximum sentence for culpable homicide, the National Prosecuting Authority said.

"Our duty is to make sure... we ask for the harshest sentence possible," spokesman Nathi Mncube said outside court.

He said the State would argue for a sentence that fit the severity of the crime.

Pistorius was convicted of culpable homicide on September 12 for the Valentine's Day 2013 shooting of his girlfriend Reeva Steenkamp.

"He was convicted of culpable homicide, somebody lost a life and we think that deserves the harshest sentence," said Mncube.

"We do not decide what is the appropriate sentence... Our responsibility is to argue for a harsh sentence.

"The minimum sentence act does not apply to culpable homicide, so there is no minimum or maximum sentence. It can vary from a suspended sentence to a fine to imprisonment. Only the judge can decide."

The State prepared a victim impact statement on how the case affected family members and the friends, he said.

Mncube said the defence and State could either call witnesses or go straight into arguments. They would be allowed to cross-examine witnesses.

He said it would be unethical at this point to comment on whether the State would appeal the judgment or not.

"We have to wait until the sentence is handed down," he said.

Barry and June Steenkamp, Reeva's parents arrived at court on Monday morning. So did some of Steenkamp's friends.

On September 12, Judge Thokozile Masipa found the paralympian not guilty of murdering Steenkamp in his Pretoria townhouse on Valentine's Day last year, but convicted him of culpable homicide.

Pistorius shot Steenkamp through the locked door of the toilet, apparently thinking she was an intruder about to emerge and attack him. She was hit in the hip, arm, and head.

Masipa said that there was no basis for the court to make the inference that Pistorius wanted to kill Steenkamp.

She said evidence showed that Pistorius acted negligently when he fired into the toilet door knowing there was someone behind it.

With regard to firearms-related charges, Masipa found Pistorius guilty of firing a Glock pistol belonging to his friend Darren Fresco under a table at Tasha's restaurant in Johannesburg in January 2013.

However, she found him not guilty of shooting through the open sunroof of a car with his 9mm pistol while driving with Fresco and ex-girlfriend Samantha Taylor in Modderfontein on September 30, 2012.


Source : Sapa /dm/fg/aa
Date : 13 Oct 2014 09:14
 
PISTORIUS SENTENCING PROCEEDINGS BEGIN

Sentencing procedures for Oscar Pistorius's culpable homicide conviction began in the High Court in Pretoria on Monday morning.

His lawyer Barry Roux called the first witness, psychologist Dr Lore Hartzenberg.

Pistorius arrived earlier amid heavy security. He was escorted by a group of police wearing bulletproof jackets while a media contingent swarmed around him.

When he arrived in court, Pistorius mouthed "morning" to Reeva Steenkamp's parents June and Barry, who did not respond.

Before his arrival security guards wheeled out a bag scanner and a walk-through metal detector to the entrance of the court GD. This was the first time the devices were placed at the court room.

Pistorius was convicted of culpable homicide on September 12 for the shooting of Steenkamp on Valentine's Day last year.

Judge Thokozile Masipa found him not guilty of murdering Steenkamp, but convicted him of culpable homicide.

Former soccer player Marc Batchelor and Steenkamp's Johannesburg "family" the Myers, arrived in court earlier.

Pistorius previously allegedly threatened to break Batchelor's legs, and Batchelor made threats in return. This was after Pistorius found out his girlfriend at the time had been allegedly cheating on him with Batchelor's friend, coal mining millionaire and TV producer Quinton van der Burgh.

Pistorius's brother Carl arrived in crutches, after being involved in a car accident in August. His sister Aimee and father Henke were also in attendance.

His friend and business Kenny Kunene was also in court. He sat in the last row of the public gallery, wearing sunglasses and a white t-shirt with the words "the uncomfortable truth" on the front.

Pistorius shot Steenkamp through the locked door of the toilet in his Pretoria home, apparently thinking she was an intruder about to emerge and attack him.

She was hit in the hip, arm, and head.

Masipa said that there was no basis for the court to make the inference that Pistorius wanted to kill Steenkamp.

She said evidence showed that Pistorius acted negligently when he fired into the toilet door knowing there was someone behind it.

With regard to firearms-related charges, Masipa found Pistorius guilty of firing a Glock pistol belonging to his friend Darren Fresco under a table at Tasha's restaurant in Johannesburg in January 2013.

However, she found him not guilty of shooting through the open sunroof of a car with his 9mm pistol while driving with Fresco and ex-girlfriend Samantha Taylor in Modderfontein on September 30, 2012.

It was not known who the State and defence would call as witnesses on Monday.


Source : Sapa /aa
Date : 13 Oct 2014 09:39
 
Meh, OP will walk away scott-free no matter what Nel does. I've lost faith in our justice system.
 
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