Oscar Pistorius: The Sentence

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marine1 said:
YOU DONT FIRE 4 X SHOTS INTO A CLOSED DOOR WITH A ROOM SO SMALL BEHIND AND NOT FORESEE THE DEATH OF SOMEONE INSIDE THAT ROOM !!!!!!!!
THAT IS MURDER - FFS HOW DIFFICULT IS THAT TO UNDERSTAND????
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Reading impairment ?
 
Just for Paul Hjul - your favourite author, Eusebius McKaiser. Very strong statement he is making... :D

I still hold the view that, on the facts before her, it is clear that Pistorious actually foresaw that firing the four bullets into the bathroom door will kill the person he imagined to be lurking there, but that he reconciled himself to that fact without stopping himself: These two sets of facts are sufficient to convict him of murder on the basis of that now infamous piece of Latin, dolus eventualis.

Let's hope the state appeals the verdict so that a higher court has a chance to right Masipa's legal wrong.
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http://www.iol.co.za/news/crime-cou...but-for-unjust-reasons-1.1768620#.VEaY7iLQpQs
 
O wow and when the appellate court declines leave to appeal or hears the appeal and upholds the findings of the court a quo will McKaiser desist with his patent horse****

look at least one thing that can be said for ol McKaiser is that he does stick to his guns - some of the time
 
which MyBB Pistorians?

If you are asking as to the individuals who are of the view that the State bungled the case and the presiding judicial officer handled herself excellently and applied the law as she found it correctly then the short answer is probably that we haven't had a chance to fully look over the out come and comment. My general view is that it is an appropriate sentence on the conviction as handed down. I have been fairly interested to see how the court addresses jurisprudential questions as to the suitability of a custodial sentence and have expressed concerns that the court would have difficulty in imposing a direct custodial sentence. I had put forth that 3-5 years is where my guess would be on the basis of what was said in the verdict so the call was spot on.

As I have said before the State can seek leave to appeal but I don't place particularly high prospects on leave being granted - I believe that it is high time for the prosecuting authority to stop being morons and to admit that there are no prospects of success for the state on appeal and spare placing that ball in the appeal courts hand. Second prize would be two judges of appeal being delegated to consider the application for leave and delivering a public refusal of leave with reasons

I will possibly - after I've written a comprehensive post in the thread about "if you think you are white" - put together a fairly meaty article on why the Pistorius judgment is legally relevant for this forum because I am drafting an email on that question matching it against the inclusion criteria for the law reports and the sentencing prescript is for a couple of reasons worth looking at.
 
DarkSpectre said:
LMFAO!!! Btw, where are these myBB pistorians now?
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I was originally in the camp that thought he was legally guilty of murder but I have changed my opinion that with the facts presented, the learned judge applied herself correctly. Eusebius has no law degree and thinks outrage on Twitter and Facebook is somehow proof that the judge erred.

Note I still think he is guilty of murder although not from a legal point of view but rather from a layman's understanding of murder.
 
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Chris said:
I was originally in the camp that thought he was legally guilty of murder but I have changed my opinion that with the facts presented, the learned judge applied herself correctly. Eusebius has no law degree and thinks outrage on Twitter and Facebook is somehow proof that the judge erred.

Note I still think he is guilty of murder although not from a legal point of view but rather from a layman's understanding of murder.
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I don't have a law degree either ...
(which is a fun way to introduce yourself at an academic conference)

Remember though that the issue is whether he is guilty of the offence as charged of murder - whether he could be convicted on his version of events of intending to kill an intruder if so charged remains an open legal question -> however the State extracting his version through bail proceedings raises a whole additional routine.
 
Paul Hjul said:
I don't have a law degree either ...
(which is a fun way to introduce yourself at an academic conference)

Remember though that the issue is whether he is guilty of the offence as charged of murder - whether he could be convicted on his version of events of intending to kill an intruder if so charged remains an open legal question -> however the State extracting his version through bail proceedings raises a whole additional routine.
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What? :wtf: ... So is all this knowledge is self-taught?

Just noticed this corker from McKaiser...

There will also be concerns now about whether or not a precedent had been set that intruders' lives are cheap too.
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I read law undergraduately for 3 years 2003-2005 and when I withdraw in 2005 prior to year end exams due to family (and financial - a whole bucketload of irony coming in on that front) I had sat class for the full non-LLB undergraduate routine (Legal Theory 1,2,3)

When I returned in 2007 I continued with Philosophy and took up Economics in 2008 I sought to exercise the right to sit the exams from 2005 found an uppity departmental co-ordinator shunt me around and I haven't returned as an undergraduate student in 09 or since. In 07 and 08 though I continued with research and dealt with the Regulation of Gatherings Act and both areas of research of mine which have been peer review published had their genesis in 08 -- hence their automatic affiliation to the Rhodes Department of Philosophy (revenge on the faculty shunting me about is had every time research appears as Department of Philosophy and two weeks ago as Crystal Web and Department of Philosophy)

Most of my hardcore legal education is a consequence of having to use the law for my survival - you learn the law of interdicts as it relates to pension funds in a morning when you are bringing an urgent application that afternoon -- and the rest is a product of having a deep regard for the Rule of Law and knowing and understanding the heart of the law being tantamount to a religious issue for me.

I also was fortunate enough to have been in the JCE gifted program (the Johannesburg College of Education as it then was) in primary school which included a term on legal reasoning back in 1997 and to have done debating and so on in High School - my first appearance before a High Court judge was in Standard 9 at a moot trial. So all and all I have seen the benefits of privilege for which I am eternally grateful but on the greater scale have had less privilege and life on a silver platter than the majority of this yapping ass wipes.

At the moment I spend quite a bit of time in the faculty when in Grahamstown - at the library more than anything - which of course is tolerated in the hope that it will make money for the university. I spent most of this morning going through some resources which I don't otherwise have access to.

O and the other amusing bit to this is that unlike ol Pallo when I am incorrectly addressed as Dr Hjul (and it really does happen when communication involving publications and such are involved) I make the correction and chuckle with a mixed sense of life.
 
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Oscar Pistorius is ‘deurmekaar’ – prison boss

Paralympian Oscar Pistorius has been processed and placed in his cell in the hospital wing of the Kgosi Mampuru II prison, says the facility’s area commissioner Zebilon Monama.

“He is a little bit tired and tense but the chaplain went to talk to him,” said Monama today.

“He is deurmekaar, as they say in Afrikaans. After he saw the chaplain our psychologist went to see him, just to try talk to him.”

Monama said Pistorius had been placed in a side ward single cell in the hospital wing of the Pretoria prison.

“[This is] because of his vulnerability … In terms of the Correctional Services Act, it is my responsibility to protect any vulnerable person,” he said.

The hospital wing had 24-hour observation and two nurses on duty. There were also two correctional services officers guarding the area.

Monama said this was not just because of Pistorius but was routine for the hospital wing.

Pistorius was sentenced to five years in prison after being found guilty of culpable homicide for killing his girlfriend Reeva Steenkamp. 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.

He was transported to the Kgosi Mampuru prison in an SA Police Service Nyala armoured vehicle.

Monama said that when Pistorius arrived at the prison he was taken into the reception where his fingerprints were taken and he was searched.

His details were then entered into a computer system and a prison number was generated for the “blade runner”.

A nurse was there to compile a medical file.

“After completing the medical, the reception person will give him prison clothing and then you take your private clothes and put it in a bag,” said Monama.

Asked what Pistorius could expect for his first dinner in prison, Monama said he did not know but assured that it would be a good meal.

The meals were provided by an outside contractor.

“People here get three meals a day. They’re cooking nice food. You’ll get nice food … we take care of the people,” he said.

- Sapa
 
MickeyD said:
Oscar Pistorius is ‘deurmekaar’ – prison boss

Paralympian Oscar Pistorius has been processed and placed in his cell in the hospital wing of the Kgosi Mampuru II prison, says the facility’s area commissioner Zebilon Monama.

“He is a little bit tired and tense but the chaplain went to talk to him,” said Monama today.

“He is deurmekaar, as they say in Afrikaans. After he saw the chaplain our psychologist went to see him, just to try talk to him.”

Monama said Pistorius had been placed in a side ward single cell in the hospital wing of the Pretoria prison.

“[This is] because of his vulnerability … In terms of the Correctional Services Act, it is my responsibility to protect any vulnerable person,” he said.

The hospital wing had 24-hour observation and two nurses on duty. There were also two correctional services officers guarding the area.

Monama said this was not just because of Pistorius but was routine for the hospital wing.

Pistorius was sentenced to five years in prison after being found guilty of culpable homicide for killing his girlfriend Reeva Steenkamp. 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.

He was transported to the Kgosi Mampuru prison in an SA Police Service Nyala armoured vehicle.

Monama said that when Pistorius arrived at the prison he was taken into the reception where his fingerprints were taken and he was searched.

His details were then entered into a computer system and a prison number was generated for the “blade runner”.

A nurse was there to compile a medical file.

“After completing the medical, the reception person will give him prison clothing and then you take your private clothes and put it in a bag,” said Monama.

Asked what Pistorius could expect for his first dinner in prison, Monama said he did not know but assured that it would be a good meal.

The meals were provided by an outside contractor.

“People here get three meals a day. They’re cooking nice food. You’ll get nice food … we take care of the people,” he said.

- Sapa
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The sentence given is deurmekaar.
 
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