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  1. #16
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    Quote Originally Posted by mrjitty View Post
    I can't remember what the min sentence / parole period were for basic murder?

    Was it 15?

    I remember speculating he might cop 10, out in 5, minus one served equals 4 years more in jail
    Yes 15. I should have mentioned that in my post. I calculated 10 years will be the tarriff he is given due to mitigating circumstances and he will serve 5-1. I am sure he will get a reduction due to his disability (and the fact that he is Pistorius - tongue in cheek).


  2. #17
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    On what grounds are people speculating that the minimum term of 15 will be reduced to 10? I've read that there needs to be extenuating or exceptional grounds.

  3. #18
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    Quote Originally Posted by Interested Bystander View Post
    Yes 15. I should have mentioned that in my post. I calculated 10 years will be the tarriff he is given due to mitigating circumstances. I am sure he will get a reduction due to his disability (and the fact that he is Pistorius - tongue in cheek).
    If he's going to jail anyway, he can obviously cope from a physical point of view with life inside, so how does his disability earn him a reduced sentence? Or do you think his disability will be tendered as an excuse for committing murder?

  4. #19
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    Quote Originally Posted by Tortoise View Post
    If he's going to jail anyway, he can obviously cope from a physical point of view with life inside, so how does his disability earn him a reduced sentence? Or do you think his disability will be tendered as an excuse for committing murder?
    I am afraid I am cynical when it comes to OP. He seems to have gotten away lightly already. Only a year for a particularly violent murder and allowed to stay on bail whilst a convicted murderer. This is not the treatment a normal offender would expect to receive. He leads a somewhat charmed life.


  5. #20
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    Quote Originally Posted by Interested Bystander View Post
    I am afraid I am cynical when it comes to OP. He seems to have gotten away lightly already. Only a year for a particularly violent murder and allowed to stay on bail whilst a convicted murderer. This is not the treatment a normal offender would expect to receive. He leads a somewhat charmed life.
    I can't disagree with any of that. Let's hope it's about to change.

  6. #21
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    Quote Originally Posted by Tortoise View Post
    On what grounds are people speculating that the minimum term of 15 will be reduced to 10? I've read that there needs to be extenuating or exceptional grounds.
    It's known as the Masipa protocol

  7. #22
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    Quote Originally Posted by Interested Bystander View Post
    If he gets 10 years, which I think is highly likely (assuming he doesn't somehow manage to dodge the SCA ruling) how much time do you think he will actually serve? I am guessing half the tariff minus the year he has already served. So around 4 years is my guess.
    My understanding is that it's a mandatory minimum sentence of 15 years for a first offender (less time served) and that there have to be substantial or compelling circumstances for the sentence to be reduced. I haven't found the rule relating to parole, but I don't understand how a mandatory minimum sentence can be reduced by years according to this. There was an amendment to the Act so a bit of research is called for.

    My feeling was, if he appeared before Masipa, that she'd sentence him to 15 less 1 for time served. That's a far cry from 4, but then we were all shocked to learn he was only required to serve 10 months of a 5 year sentence for CH.

    Until I find out more, I believe he'll serve 10 years inside, but it looks like I'm an outsider here.

    ETA In view of the comments by the judges of the SCA, I can't see how Roux can use OP's disability at all. In fact, I have no idea what he can use in mitigation in the next round of sentencing.

  8. #23
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    Quote Originally Posted by mrjitty View Post
    It's known as the Masipa protocol
    Got you

    So it is the pessimistic view - not the one which would apply to anybody else.

  9. #24
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    Quote Originally Posted by JudgeJudi View Post
    My understanding is that it's a mandatory minimum sentence of 15 years for a first offender (less time served) and that there have to be substantial or compelling circumstances for the sentence to be reduced. I haven't found the rule relating to parole, but I don't understand how a mandatory minimum sentence can be reduced by years according to this. There was an amendment to the Act so a bit of research is called for.

    My feeling was, if he appeared before Masipa, that she'd sentence him to 15 less 1 for time served. That's a far cry from 4, but then we were all shocked to learn he was only required to serve 10 months of a 5 year sentence for CH.

    Until I find out more, I believe he'll serve 10 years inside, but it looks like I'm an outsider here.
    It would be interesting to see any other cases where the minimum has been reduced.

  10. #25
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    Quote Originally Posted by JudgeJudi View Post

    snipped

    ETA In view of the comments by the judges of the SCA, I can't see how Roux can use OP's disability at all. In fact, I have no idea what he can use in mitigation in the next round of sentencing.
    I totally agree.

    Disability and vulnerability was ruled out by the trial court and the SCA as being a factor in the shooting.

    How can he mitigate his actions at all? It has been rejected that he genuinely feared for his life, and his own testimony is that he didn't fire for any reason except loss of control over the trigger.


  11. #26
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    Quote Originally Posted by Tortoise View Post
    It would be interesting to see any other cases where the minimum has been reduced.
    From what I've read, it's only children aged between 16 and 18 who can have the mandatory minimum sentence reduced by up to half.

  12. #27
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    I tried searching for my posts where I researched the sections of the act - but the search just returns thread results?

    Going on memory, this was not one of the aggravated murder types with special sentence and parole rules.

    So 15 is the starting point

    I believe parole eligibility is at 50%?

  13. #28
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    Quote Originally Posted by Tortoise View Post
    Got you

    So it is the pessimistic view - not the one which would apply to anybody else.
    If I were the judge I would view 15 as the minimum

    I think the shocking nature of the execution is worth 20 by international standards

  14. #29
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    Quote Originally Posted by mrjitty View Post
    If I were the judge I would view 15 as the minimum

    I think the shocking nature of the execution is worth 20 by international standards
    I agree wholeheartedly.

    Absolute minimum.

    They haven't accepted that he honestly believed he was in a life threatening situation, so it was just barbaric.

    No wonder Roux was concerned about getting the judges to consider why he had shot 4 devastating bullets - he can't mitigate it.

  15. #30
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    And without a confession, or acceptance of any responsibility, it is a remorseless crime too.

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