Oscar Pistorius: The Sentence

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I am glad the judge used a totally unknown case for referral when she read out the sentencing. the defence team was quick to mention the visagie case which is so well known. if you look up the Vorster case you can almost feel the pain and suffering both families felt with this shooting.
 
FIVE-YEAR SENTENCE 'CAREFULLY CHOSEN': LAW EXPERT

The five years imposed on Oscar Pistorius was significant, because a longer sentence would not have given him a chance of house arrest, a law expert said on Tuesday.

"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.

Pistorius was sentenced to five years in prison after being found guilty of culpable homicide. 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, Judge Thokozile Masipa ruled.

Tuson said both the State and the defence would now have 14 days to apply for leave to appeal.

The State could only appeal if there was a question of law or the sentence, while the defence could appeal the conviction and the sentence.

However, he said this would not be advisable for the defence because Pistorius's sentence could be made heavier than the present one.

"It is inadvisable [for the defence] to appeal the conviction because they got off lightly with culpable homicide," Tuson said.

On September 12, Masipa found Pistorius guilty of Steenkamp's culpable homicide, but not guilty of her murder.

Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through a locked door in the early hours of February 14 last year, killing Steenkamp. The incident happened at his Pretoria home.

Masipa also found Pistorius guilty of discharging a firearm in public, when a shot was discharged 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 /gq/fg/mjs/jje
Date : 21 Oct 2014 13:35
 
OSCAR WILL EMBRACE SENTENCE: UNCLE

Paralympian Oscar Pistorius will embrace the five-year prison sentence handed down by the High Court in Pretoria, his uncle Arnold said on Tuesday.

"We accept the judgment. Oscar will embrace the sentence," Arnold told media after sentence was handed down by Judge Thokozile Masipa.

"As an uncle, I hope Oscar will start the healing process as he walks this path and serves the sentence."

Arnold was flanked by his wife Lois. The couple declined to take questions from media.

He said the case and the court trial had been a harrowing 20 months since the bail application.

"We are all emotionally drained and exhausted. The case was initially set for three weeks, but dragged on for seven months."

Arnold attacked the State's case, and said the prosecution tried everything they could "to make the premeditated murder charge stick".

"The State wanted to inflict as much damage as possible," he said.

He urged the media to accept the judgment and let the families, including the Steenkamps, move forward.

Judge Masipa sentenced Pistorius to five years in jail for culpable homicide.

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

On September 12, Masipa found Pistorius guilty of the culpable homicide of his girlfriend, model and law graduate Reeva 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 also 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/aa/ks/ar
Date : 21 Oct 2014 12:54
 
NPA WILL DISCUSS SENTENCE WITH PROSECUTORS

The head of the National Prosecuting Authority said on Tuesday he would discuss the five-year prison sentence handed down to Oscar Pistorius, and a possible appeal, with prosecutors.

"We will consult with the prosecution team and then take the matter forward," national director of public prosecutions Mxolisi Nxasana told Parliament's portfolio committee on justice.

Deputy director Silas Ramaite added that senior prosecuting staff were "agitated" about the outcome of the case.

"We will meet with the prosecution team, do a post mortem of the various sentences," he said.

"Senior people in the NPA are actually quite agitated, wrongly so I would say."

They were responding to a question from African Christian Democratic Party MP Steve Swart.


Source : Sapa /ef/ks/ar
Date : 21 Oct 2014 13:02
 
'APPETITE FOR AN APPEAL': NPA

There is an "appetite" to appeal the five-year jail sentence imposed on paralympian Oscar Pistorius, but the facts need to be examined, the NPA said on Tuesday.

"There is an appetite to appeal and we have 14 days to consider the law, and ensure the facts and the law allow us to appeal," National Prosecuting Authority spokesman Nathi Mncube told reporters in court GD of the High Court in Pretoria after proceedings were adjourned.

While the NPA had not been happy that Pistorius had been found guilty of culpable homicide and not murder, he said it was a "consolation" that he would go to jail.

A reporter asked Mncube whether Pistorius would serve one third of his sentence. He said that was a matter for correctional services to decide.

Speaking to reporters on the other side of the court room, one of the junior counsel who had been part of Pistorius's defence team said he would serve one sixth of his sentence. This meant Pistorius would spend 10 months in jail.

Businessman Kenny Kunene said outside the court that his heart went out to Reeva Steenkamp's family.

"I am sad for them," he said.

He also lamented Pistorius's sentence.

"Look, its sad knowing prison conditions are what they are. I respect Judge [Thokozile] Masipa, but I think a custodial sentence was not fair for Oscar."

Photographers and members of the media gathered at the side of the court, waiting for Pistorius to be taken to prison in a police vehicle.

Two cameramen on an orange Harley Davidson motorcycle were ready to follow the police convoy.

"We are waiting for him to leave, then we follow them and see where they are taking him.

People had their cellphones out in the hope of taking a photo of the paralympian.

A woman asked her friend: "Can we see him? Its good. He must go to jail."

Media were doing live radio and television crossings as they waited for Pistorius.


Source : Sapa /th/dm/aa/tk
Date : 21 Oct 2014 11:50
 
PISTORIUS DRIVEN FROM PTA HIGH COURT

Paralympian Oscar Pistorius was driven away from the High Court in Pretoria at noon on Tuesday accompanied by wailing police sirens, to begin serving his five-year jail term.

Curious onlookers, journalists and cameramen had been waiting at the court's Paul Kruger Street entrance, where the nyala had been parked in front of a roller door, its engine idling.

Due to construction work the street had been turned into a dirt road and was closed to traffic. People stood on the edge of the trenches that had been dug alongside the entrance.

One cameraman had climbed into a jacaranda tree. Others were perched on the roof of the building opposite. People peered out of the windows of their flats. One man sold ice lollies for R2 each.

A continuous whistling and chirping sound circulated through the crowd. It came from a man wearing a tatty purple wig and face paint who was making the sound with something in his mouth.

An Australian TV journalist stood near the Nyala holding a microphone, squinting into the sun, a device with a little antenna poking out of it strapped to the back of her dress. The wind plucked jacaranda blossoms off the trees.

Then a shout went through the crowd. Dust rose into the air as the photographers who had piled themselves on the yellow plastic barriers around the nyala rose to their feet. The man with the purple wig was among them.

The entire crowd seemed to rise and move forward. The roller door behind the nyala opened. There was shouting and jostling and the clicking of cameras. After a brief commotion behind the wall of bodies the door of the nyala slid shut.

"Hey Pistorius," someone shouted. Camera flashes reflected off the side of the nyala as it began to move forward and photographers pressed against it, their cameras held above their heads, blindly shooting photos, nothing but silhouettes visible inside.

A police van, sirens wailing and lights flashing, preceded the Nyala carrying Pistorius down the street, followed by several police cars.

Around the corner prosecutor Gerrie Nel walked out of the court through the Madiba Street entrance, the wheels of his heavy black case rattling as he pulled it behind him.


Source : Sapa /th/aa
Date : 21 Oct 2014 12:37
 
PISTORIUS MAY SERVE ONLY 10 MONTHS IN JAIL

Convicted paralympic athlete Oscar Pistorius may end up spending only 10 months in prison for the culpable homicide of his girlfriend Reeva Steenkamp, a justice department spokesman said on Tuesday.

"Five years in terms of [Section] 276 of the Criminal Procedure Act means the accused serves one-sixth of the sentence, which is 10 months," spokesman Mthunzi Mhaga said on his Facebook wall referring to the sentence handed down to Pistorius in the High Court in Pretoria.

"And an offender or inmate can be considered for placement under correctional supervision which is processed by correctional services."

Pistorius was sentenced to five years in prison after being found guilty of culpable homicide. 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, Judge Thokozile Masipa ruled.

On September 12, Masipa found Pistorius guilty of Steenkamp's culpable homicide, but not guilty of her murder.

Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through a locked door in the early hours of February 14 last year, killing Steenkamp. The incident happened at his Pretoria home.

Masipa also 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 /mar/tk/ks/ar
Date : 21 Oct 2014 12:41
 
NPA WILL DISCUSS SENTENCE WITH PROSECUTORS

The head of the National Prosecuting Authority said on Tuesday he would discuss the five-year prison sentence handed down to Oscar Pistorius, and a possible appeal, with prosecutors.

"We will consult with the prosecution team and then take the matter forward," national director of public prosecutions Mxolisi Nxasana told Parliament's portfolio committee on justice.

Deputy director Silas Ramaite added that senior prosecuting staff were "agitated" about the outcome of the case.

"We will meet with the prosecution team, do a post mortem of the various sentences," he said.

"Senior people in the NPA are actually quite agitated, wrongly so I would say."

They were responding to a question from African Christian Democratic Party MP Steve Swart.


Source : Sapa /ef/ks/ar
Date : 21 Oct 2014 13:02

I think Pistorius got slapped on the wrist. 10 months (shakes my head). Life's so fking cheap in South Africa. Justice will be made if OP gets re-sentenced to spend at least 10 years in jail. No parole in the first 8 years.
 
Does it hurt? Maybe next time a high profile case comes along you'd be better off if you mind your own business and start knitting or playing lego with yourself.

Why am I starting to agree with you? Did you give up the fire cracker buffoonery?
 
OSCAR PISTORIUS TIMELINE

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.

Steenkamp was shot through the locked toilet door of the athlete's Pretoria home on Valentine's Day last year.

Nicknamed "Blade Runner" after the carbon-fibre prostheses on which he propelled himself to fame and fortune, the paralympian sprint athlete had ended the previous year at the top of his game.

Pistorius's achievements included winning gold at the 2012 Paralympic Games, and appearing at the Summer Olympics -- the first-ever double-leg amputee to take part in such an event.

The key dates in his journey from internationally renowned athlete to a man on trial for murder appear below:

-February 14, 2013: News breaks around 8am on Valentine's Day: Pistorius has shot and killed his girlfriend, claiming he mistook her for a robber. Police later confirm they have arrested Pistorius and recovered a 9mm pistol.

By mid-morning, police confirm the woman shot dead is 29-year-old model Reeva Steenkamp. They say they will oppose bail when Pistorius appears in court.

-February 15: After spending the night behind bars, Pistorius appears in the Pretoria Magistrate's Court. Prosecutors announce they intend to pursue a charge of premeditated murder. His bail hearing is set for February 19.

-February 17: Pistorius's agent, Peet van Zyl, says all future races Pistorius is contracted to compete in have been cancelled.

-February 19: Reeva Steenkamp's funeral is held in Port Elizabeth. Pistorius appears in court on the first day of a bail hearing. Prosecutor Gerrie Nel says Pistorius fired four shots through a bathroom door, hitting Steenkamp three times. His defence says Pistorius thought Steenkamp was an intruder. Pistorius denies he deliberately shot Steenkamp.

-February 22: Magistrate Desmond Nair grants Pistorius R1 million bail. Conditions include that Pistorius surrender his passport and any weapons in his possession.

-February 28: Pistorius appears on the cover of the March issue of Time Magazine in the US, Asia, and the South Pacific. He is bare-chested, wearing shorts and his running blades. Printed over his picture are the words: "Man Superman Gunman".

-March 11: Lawyers for Pistorius file an appeal against bail restrictions imposed on him.

-March 28: Pistorius's bail restrictions are eased by the High Court in Pretoria, allowing him to leave South Africa if he wants to compete internationally.

-August 19: The day on which Steenkamp would have turned 30, Pistorius appears in the Pretoria Magistrate's Court before magistrate Desmond Nair to have the State's indictment served on him. He is charged with premeditated murder and violation of the Firearms Control Act.

Accompanying the indictment is a list of more than 100 possible witnesses. The trial is set to take place in the Pretoria High Court from March 3 to 20.

-February 14, 2014: On the anniversary of Steenkamp's death, Pistorius posts a tribute to her on his official website (www.oscarpistorius.com): "No words can adequately capture my feelings about the devastating accident that has caused such heartache for everyone who truly loved --and continues to love Reeva."

It is the first time Pistorius tweeted since February 13, 2013.

-February 19: Media groups ask the high court for permission to broadcast Pistorius's murder trial. A 24-hour TV channel dedicated to the upcoming trial will be launched on DStv on March 2, a day before Pistorius goes on trial. Permission to televise the trial live, with conditions, is later granted.

-March 3: Trial starts in the High Court in Pretoria where Pistorius pleaded not guilty.

-March 25: The State closes its case after calling 21 of the 107 witnesses on its witness list.

-July 8: Judge Thokozile Masipa rules that no heads of argument could be published in print or electronic media until the commencement of the arguments in court.

-July 12: Pistorius and Johannesburg businessman Jared Mortimer are reportedly involved in a nightclub brawl in Sandton.

-July 13: Pistorius posts a number of pictures to Twitter.

-July 30: The State files its final arguments.

-August 4: The defence files its final arguments.

-August 7 and 8: The State and defence present their closing arguments and both Pistorius and Steenkamp's fathers made a debut appearance at the trial.

Barry Roux, SC, for Pistorius, accuses the State of being selective in the evidence it chose to accept and consider for its case and of ignoring crucial matters raised in the trial.

Prosecutor Gerrie Nel says Pistorius should be convicted of murder because he showed his "mendacity and deceitfulness".

-August 8: Pistorius tweets "Thank you to my loved ones and those that have been there for me, who have picked me up and helped me through everything."

-August 10: Pistorius takes to twitter again. Tweets: "Lord, I know you have a plan for each & everyone that is struggling, please give them peace and help them to believe."

-September 12: Judge Thokozile Masipa finds Pistorius guilty of culpable homicide and of firing a shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Johannesburg in January 2013.

-October 21: Pistorius sentenced to a maximum of five years for culpable homicide, and three years in jail -- suspended for five years -- for discharging the firearm at Tasha's. Both sentences would run concurrently.

However, according to the justice department spokesman Mthunzi Mhaga Pistorius may end up spending only 10 months in prison, as the five years were in terms of Section 276 of the Criminal Procedure Act. This effectively meant he could possibly serve only one-sixth of the sentence in prison.

His uncle, Arnold, said Pistorius would embrace the sentence.


Source : Sapa /aa/dm/fg
Date : 21 Oct 2014 14:32
 
NO PAROLE FOR OSCAR: IFP WOMEN'S BRIGADE

The IFP Women's Brigade on Tuesday welcomed the sentence handed down in the Oscar Pistorius case but said he should not get parole.

"He should serve the sentence associated with such a crime before he can be released," chairwoman Thembeni kaMadlopha-Mthethwa said in a statement.

"Those guilty of killing must be subjected to serve their full sentence without parole."

She said the Inkatha Freedom Party Women's Brigade wanted Pistorius to be treated like any other criminal.

Pistorius was sentenced to five years in prison after being found guilty of culpable homicide. For discharging a firearm at Tasha's restaurant in January 2013, he was sentenced to three years in jail, suspended for five years.

The sentences would run concurrently, Judge Thokozile Masipa ruled.

Gun Free SA said it was surprised at the suspended sentence for the firearm offence.

"It is one of the most serious offences in terms of the [Firearms Control] act," it said.

"The act says you can get up to 15 years... and that signals that the law sees this as a serious offence."

The organisation said it was irrelevant whether someone was hurt or not.

"The point is the discharge of a firearm puts people's lives at risk...

"We are not sure if [the suspended sentence] sends a strong enough message to gun owners that that behaviour is unacceptable."

Gun Free SA welcomed the decision by the court to declare Pistorius unfit to own firearms and that all his existing certificates and guns be handed in.

Following the sentencing the paralympian's uncle Arnold said Pistorius would embrace the five-year prison sentence.

"We accept the judgment. Oscar will embrace the sentence," Arnold Pistorius told the media.

The African National Congress Women's League said the sentence signalled a sad day for women in the country.

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

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

The head of the National Prosecuting Authority Mxolisi Nxasana told Parliament's portfolio committee on justice on Tuesday he would discuss the five-year prison sentence handed down, and a possible appeal, with prosecutors.


Source : Sapa /gq/ks/jje
Date : 21 Oct 2014 14:07
 
Oscar Pistorius to finally find out what a burglar in your toilet actually sounds like

Oscar Pistorius has been sentenced to five years in prison, and will finally have the opportunity to find out what it actually sounds like when a criminal is using your toilet.

Pistorius has been given five years in jail for killing his girlfriend Reeva Steenkamp, and will serve his time alongside actual burglars who are going to need the toilet with alarming regularity.

Former resident of a South African jail, Simon Williams, spoke of the experiences that are now ahead of Pistorius.

He told us, “The sound of a burglar using what you could loosely described as ‘your bathroom’ is a sound Oscar will come to know intimately during his time inside.”

“There will be absolutely no mistaking it. I still hear it in my dreams now – and the smell, of dear jesus the smell.”

“Funnily enough, a burglar in your bathroom sounds a lot like a thief, rapist or a con man in your bathroom, too.”

“I imagine he will lie awake listening to it, right next to him, wondering how he ever mistook it for the sound of his girlfriend.”

“It’s not a sound you could easily mistake for your girlfriend in the bathroom, unless she’s got a thing for prison food and poor personal hygiene?”

“He won’t have a pleasant time in there, obviously – but on the bright side, I doubt he’ll ever make the mistake of shooting another girlfriend in the exact same circumstances.”

http://newsthump.com/2014/10/21/osc...-burglar-in-your-toilet-actually-sounds-like/
 
Sadly Simon I highly doubt OP will get to taste/smell the same prison life as you. He has too much money for that.
 
I wasn't following everything, did they take away his right to carry firearms too? That is when he leave jail, of course?
 
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