Oscar Pistorius: The Sentence

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blunomore said:
Who was quoted on the 10 month effective period? I am trying to get the source.
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http://www.dcs.gov.za/Services/CorrectionalSupervisionandParoleBoards.aspx

In respect of offender’s who can be considered for placement under Correctional Supervision or referred back to the court a quo for possible conversion of sentence into Correctional Supervision the following periods must be served:

Section 276 1(i) of the Criminal Procedure Act.
1/6 of sentence must be served prior to placement under Correctional Supervision by the Commissioner. Sentence may not exceed 5 years.

Section 276(1) (b) of the Criminal Procedure Act.
Normal term of imprisonment which may be referred to the court a quo upon completion of 1/4 of sentence for possible conversion of sentence in terms of section 276A (3). The portion of sentence left to be served may not exceed 5 years.

Section 287(4) (a) of the Criminal Procedure Act.
Option of a fine as alternative to imprisonment where the sentence does not exceed 5 years: As soon as possible after admission subject to certain conditions.

Section 287 (4) (b) of the Criminal Procedure Act.
Option of a fine as alternative to imprisonment where the sentence exceeds 5 years imprisonment. Upon completion of 1/4 of sentence case may be referred to court a quo for possible conversion.
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blunomore said:
Who was quoted on the 10 month effective period? I am trying to get the source.
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There is confusion about it being 1/6 of the sentence or 1/3 from my understanding it's 1/3 needs to be served. Someone in the thread quote a law saying 1/6. Think this there is some confusion.
 
There's hope for us all.

Key issue is whether Oscar Pistorius sentenced under section 276 1 i) of Criminal Procedures Act - which states that inmate must serve 1/6
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Masipa never mentioned about 10 month stay in prison. When you apply Occam's Razor to this, she wants OP to spend 5 FULL YEARS in jail. Not 8. FIVE YEARS. Still not enough, imo. 15 years max would be ideal.
 
blunomore said:
Who was quoted on the 10 month effective period? I am trying to get the source.
Click to expand...

The Judge sentenced hom in terms of Section 276(1)(i) to 5 years.

In respect of offender’s who can be considered for placement under Correctional Supervision or referred back to the court a quo for possible conversion of sentence into Correctional Supervision the following periods must be served:

Section 276 1(i) of the Criminal Procedure Act.

1/6 of sentence must be served prior to placement under Correctional Supervision by the Commissioner. Sentence may not exceed 5 years.
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Don't feel sad, marine.

10660087_797385020302786_8386921371483709874_n.jpg
 
DarkSpectre said:
There's hope for us all.



Masipa never mentioned about 10 month stay in prison. When you apply Occam's Razor to this, she wants OP to spend 5 FULL YEARS in jail. Not 8. FIVE YEARS. Still not enough, imo. 15 years max would be ideal.
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She didn't mention it because that's not her jurisdiction. The Correctional Services Commissioner makes that call.
 
DarkSpectre said:
There's hope for us all.

Masipa never mentioned about 10 month stay in prison. When you apply Occam's Razor to this, she wants OP to spend 5 FULL YEARS in jail. Not 8. FIVE YEARS. Still not enough, imo. 15 years max would be ideal.
Click to expand...

Anyone sentenced after 1 October 2004 is sentenced under the new Criminal Procedure Act. You still have to refer back to the court for 276 1(i) consideration.
 
PISTORIUS JAILED FOR FIVE YEARS

Paralympian Oscar Pistorius was sentenced to five years in jail for the culpable homicide of Reeva Steenkamp, by the High Court in Pretoria on Tuesday.

For discharging a firearm at Tasha's restaurant in January 2013 he was sentenced to three years in jail, suspended for five years.

Both sentences would run concurrently.

As she concluded her summary of the evidence during sentencing, Masipa addressed the paralympic athlete: "Mr Pistorius please rise."

He stood up, pinched his nose between thumb and forefinger and adjusted the microphone in front of him, which had been switched on.

Pistorius stood still, hands clasped in front of him and showed no reaction as he heard the sentence.

When Masipa had finished, prosecutor Gerrie Nel stood up and said, "As the court pleases".

Barry Roux, for Pistorius, did the same.

Nel then addressed Masipa on aspects of the Tasha's shooting sentence.

Masipa shuffled the papers in front of her and thanked both counsel for their work. Pistorius's therapist Lore Hartzenberg cast a concerned glance at Pistorius, standing in front of her.

As the court adjourned, Pistorius, looking weepy, made his way out of the dock and down the stairs to the cells below.

As he descended the first steps he touched the hands of four relatives standing above him, a woman in a pink outfit, a woman in a navy blue blazer and skirt, and his uncle Arnold and wife Lois. His brother Carl went down the steps soon after that.

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

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.

Masipa found Pistorius 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 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/aa/tk
Date : 21 Oct 2014 11:17
 
ANCWL 'SADDENED' BY SENTENCE

The five-year jail sentence handed down to paralympian Oscar Pistorius signalled a sad day for women in South Africa, the ANCWL said on Tuesday.

"We are saddened by the judgment... we have never been happy with the conviction of culpable homicide, instead of murder," African National Congress Womens League spokeswoman Jacqui Mofokeng said outside court.

"We call for the national prosecutions to appeal this sentence... and do it for our society."

She said Pistorius could be out within 18 months.

"If he serves 18 months he could be out soon after that, while Reeva is not here... women are saddened by this."

Judge Thokozile Masipa sentenced Pistorius to five years in jail for the culpable homicide of Reeva Steenkamp.

For discharging a firearm at Tasha's restaurant he was sentenced to three years in jail, suspended for five years.

Both sentences would run concurrently.

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

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.

Masipa found Pistorius 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 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 /gm/tk/aa
Date : 21 Oct 2014 11:26
 
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