Oscar Pistorius: The Sentence

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NEL GETS NO ANSWERS ON NEW GIRLFRIEND

Prosecutor Gerrie Nel failed to get an answer from Oscar Pistorius's psychologist on whether a new girlfriend would have affected the paralympian's emotional state after the death of Reeva Steenkamp.

"I find it very strange that you're avoiding this question," Nel put to defence witness, psychologist Lore Hartzenberg during sentencing proceedings for Pistorius in the High Court in Pretoria on Monday.

Nel was questioning Hartzenberg about a media report that Pistorius had found a new girlfriend not long after Steenkamp's death.

"If he met somebody, would that have impacted on his emotions? Your opinion please," Nel asked.

"We never discussed it. We don't know what that relationship entailed," she replied.

Pistorius sat listening, his head cocked to one side, as Nel repeated the question, and Hartzenberg gave similar answers.

Hartzenberg said she did not question Pistorius about the matter as she only dealt with what he "brought to the table".

"He did not bring it to the therapy session," she added.

On September 12 Pistorius was found guilty of the culpable homicide of his girlfriend, model and law graduate Steenkamp, but not guilty of her murder.

Judge Thokozile Masipa found him guilty of discharging a firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.

Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.

Barry Roux, for Pistorius, objected to Nel's referring to the media report about the new girlfriend.

"The State must bring evidence. It's reported in a newspaper."

Nel rephrased his question to Hartzenberg.

"As a psychologist, would the fact that there is a possibility that he found a new lady friend be important to you?"

She paused and said: "I didn't ask him."

Pistorius was also found not guilty on two firearms-related charges --illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012.


Source : Sapa /th/aa
Date : 13 Oct 2014 12:10
 
The thing is, its a simple phycology trick, be the first to say something and those words linger, if the state had put a correctional advisor up first than those words would linger.
 
GN is ripping him a new one. He misread the judgement and made an incorrect recommendation.

not sure the prosecuting authority in this country has a leg to stand on :)

Anyway using the sentencing reports - so 2013,2014 as a base:
there was no "felony" activity taking place (S v Nthabalala - raping victim, strangled her to subdue and she died - no intent to kill -- CH 10 years and Rape 20 years);
nor do I detect the Humphrey's threshold of culpability to be met - 8 years

An extended period of house arrest - correctional supervision and suspended custodial sentence - rather than a direct custodial sentence is certainly a possibility that presents itself
 
not sure the prosecuting authority in this country has a leg to stand on :)

An extended period of house arrest - correctional supervision and suspended custodial sentence - rather than a direct custodial sentence is certainly a possibility that presents itself

I agree with Paul.

There is no way that Correctional services want OP in gaol.

I predict 5 years non custodial with strict terms.
 
I agree with Paul.

There is no way that Correctional services want OP in gaol.

I predict 5 years non custodial with strict terms.

I guess that it's now time to go out and commit a crime or two. Whether it's stealing R260 Million or so, or whether it's accidentally shooting somebody, of which there is only reasonable certainty as to identity, four times, using high velocity hollow nosed ammunition which was certain in creating maximum damage if it were to hit a victim enclosed in a minimal cubical of which it is said that such shooting would be certain.
 
I guess that it's now time to go out and commit a crime or two. Whether it's stealing R260 Million or so, or whether it's accidentally shooting somebody, of which there is only reasonable certainty as to identity, four times, using high velocity hollow nosed ammunition which was certain in creating maximum damage if it were to hit a victim enclosed in a minimal cubical of which it is said that such shooting would be certain.

Just make sure you have paid your TV license else you could go to jail.
 
OSCAR A CORRECTIONAL SUPERVISION CANDIDATE

Oscar Pistorius is a candidate for correctional supervision after being convicted of culpable homicide, the High Court in Pretoria heard on Monday.

"His [Pistorius's] behaviour could be successfully modified within the community context," social worker for the correctional services department Mashaba Joel Maringa said.

"It is recommended that the honourable court should consider correctional supervision..."

He said Pistorius should be sentenced to three years of correctional supervision.

The defence asked Maringa to compile a report on Pistorius.

Maringa said some of the conditions proposed are that Pistorius should be placed under house arrest with due conditions. The house arrest should be re-adjusted after a portion of the sentence was served.

"It is recommended that the accused should perform community service for 16 hours in a month."

Community service would be general work and Pistorius should be moved to general domestic work at a later stage, said Maringa.

Pistorius should be allowed to go to work, go to home and not allowed to travel unless he arranged it previously.

Maringa went over Pistorius's family life and his relationships with his parents and siblings.

"He is the middle child and the other two [are] his brother and younger sister -- the relationship [with them] is smooth based on mutual understanding," he said.

"He lost his mother...and his relationship with his father is considered sour."

Pistorius's brother Carl, sister Aimee and father Henke were all in court on Monday.

The athlete was a candidate for correctional supervision because he never had a criminal record before this.

He said Pistorius was diagnosed with post traumatic stress disorder after the shooting.

"The accused explained himself as a social drinker taking beer on social occasions," he said.

Pistorius denied taking drugs other than medication, said Maringa.

"The accused will benefit from correctional supervision," he said.

Pistorius's life could be restructured and modified to "produce the expected outcome" because of his age.

It would also allow Pistorius to become financially independent again.

"The accused should be declared unfit to posses firearms," said Maringa.

"There should be strict conditions prevalent in correctional supervision."

On September 12 Pistorius was found guilty of the culpable homicide of his girlfriend, model and law graduate Reeva Steenkamp, but not guilty of her murder.

Judge Thokozile Masipa found him guilty of discharging a firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.

Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.

Pistorius was also found not guilty on two firearms-related charges --illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012.


Source : Sapa /dm/aa
Date : 13 Oct 2014 12:41
 
CORRECTIONAL SUPERVISION 'SHOCKING': NEL

The mere suggestion that paralympian Oscar Pistorius be sentenced to three years of correctional supervision is "shocking", the High Court in Pretoria heard on Monday.

"To even suggest three years is shockingly inappropriate in this matter," prosecutor Gerrie Nel told correctional services department social worker Mashaba Joel Maringa during cross-examination.

Maringa had earlier presented a report for the defence that Pistorius get correctional supervision and 16 hours of community service a month for killing Reeva Steenkamp.

During questioning Nel discovered that Maringa had a tenuous grasp of Judge Thokozile Masipa's judgment.

On September 12 Pistorius was found guilty of the culpable homicide of his girlfriend, model and law graduate Steenkamp, but not guilty of her murder.

Masipa found him guilty of discharging a firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.

Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.

Nel put it to Maringa that Pistorius shot four times through the door.

"He fired into the ground," Maringa replied.

"You're totally wrong," Nel told him, indicating that Maringa was referring to the Tasha's shooting.

Nel referred to the judgment that Pistorius armed himself and made his way down the passage to his bathroom with the intention to shoot.

Maringa said he understood that Pistorius had not intended to shoot.

"How can you base your report on a misreading of the judgment? You're wrong," Nel told him.

Defending his report Maringa said correctional supervision was "as harsh as any sentence".

"We are not saying he should be destroyed," he added. The sentence should make the offender a "suitable, responsible citizen".

"Do you have any thought for the family of the deceased? That their lives were destroyed?" Nel asked him.

Maringa said he sympathised with them.

Pistorius was found not guilty on two firearms-related charges -- illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012.


Source : Sapa /th/fg/aa
Date : 13 Oct 2014 12:55
 
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