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  1. #31
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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.

    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.

    You may well be right and I hope you are but there was a lot in the press at the time of the SCA altered the verdict, much of which commented that he would not get 15 years or, more correctly, he would serve only a small portion of the tariff. The following is from the Daily Fail and so has to be viewed with some scepticism but this was not the only article. Legal commentators also thought he would not be serving the full sentence and SA often seems not to stick to the rules.


    "Oscar Pistorius could be out of prison in just three years after he was found guilty of murdering his girlfriend Reeva Steenkamp, a source close to the trial has said.

    The Paralympian was sentenced to five years for manslaughter last October but he served less than a year of that before he was placed under house arrest in his uncle's mansion.

    Pistorius, 29, could now be rearrested and jailed before Christmas day after five Supreme Court judges upgraded that conviction to murder.

    The minimum sentence for murder in South Africa is 15 years but 'he can even get ten years and eventually only serve 30 per cent, so three years', said a source at Pretoria's High Court. "


    Read more: http://www.dailymail.co.uk/news/arti...#ixzz40cVs3uys


  2. #32
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    Those of you who are on this thread at present know that I'm a card carrying member of the DD club. No matter what sentence he receives from Masipa, for me it will always be shockingly inappropriate.

  3. #33
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    Quote Originally Posted by Tortoise View Post
    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.
    But that's the whole point. They did consider it and changed the conviction murder.

  4. #34
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    Quote Originally Posted by Tortoise View Post
    And without a confession, or acceptance of any responsibility, it is a remorseless crime too.
    I totally agree. There was no remorse. I think people also need to be reminded that there are no special laws for disabled people in SA or anywhere else in the world as far as I'm aware of.

  5. #35
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    Here's a good interview you may want to watch on the subject of sentencing.

    http://www.abc.net.au/news/2015-12-0...murder/6999594

  6. #36
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    The following is a comment by Marius du Toit a well known Defence Lawyer who appeared on the Round Table during OP’s trial. To me it seems he thinks the original Tariff can be subtracted from the 15 year Tariff for murder or maybe I have misinterpreted his comment. I will see if I can find more about this.
    "He is still serving his sentence for culpable homicide, and the sentencing will be heard afresh by the high court," Marius du Toit, a defence lawyer and former prosecutor, told News24.

    "He is now facing a 15-year jail term, unless he provides substantial and compelling reasons to the high court to deviate from that."

    Du Toit said it was possible that Pistorius would be able to provide a compelling reason.

    "He was sentenced to five years [for the culpable homicide]. I think he is capable of maybe bringing it [the murder sentence] down to a 10 year sentence, suspended for five years."

    http://www.news24.com/SouthAfrica/Ne...xpert-20151203


    EDIT On reflection, I don't think Pistorius is still serving his sentence for CH. I think he is on bail until sentencing for the new verdict. Is Du Toit wrong in what he is saying? I can see that if he were to be judged as still serving the CH sentence that the whole of the time until the "fight" is finally over could be seen to be relevant but not if he is only on bail. Was this a clever move by Nel to agree to bail?
    Last edited by Interested Bystander; 02-19-2016 at 10:47 AM. Reason: Opinion After Reflection


  7. #37
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    Quote Originally Posted by JudgeJudi View Post
    Those of you who are on this thread at present know that I'm a card carrying member of the DD club. No matter what sentence he receives from Masipa, for me it will always be shockingly inappropriate.
    .....and what about the suspended sentence mentioned above by IB, how does that figure in SA....is it possible considering that Masipa may well be sentencing him again that she may of taken an extreme dislike to all the bad attention she was given due to her previous sentence and decide to give him a light sentence by reducing it partially or even totally with a suspended sentence......

  8. #38
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    Quote Originally Posted by Colin de France View Post
    .....and what about the suspended sentence mentioned above by IB, how does that figure in SA....is it possible considering that Masipa may well be sentencing him again that she may of taken an extreme dislike to all the bad attention she was given due to her previous sentence and decide to give him a light sentence by reducing it partially or even totally with a suspended sentence......
    The State can appeal sentence, so I don't think she would want to attract more negative attention.

  9. #39
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    Try Googling anything similar to "How many convicted murderers are allowed bail" and it's hard to find any results apart from OP. I just read a case of a guy in Canada (also a convicted murderer) and also awaiting an appeal who had his application for bail turned down. From the search results alone, it seems that granting bail to convicted murderers is very very rare.


    Court of Appeal Justice J.C. Marc Richard delivered the decision not to grant bail on Wednesday afternoon in Fredericton, in front of a packed courtroom.

    Bail has never been granted to a convicted murderer in New Brunswick.

    Richard said Oland met the first two conditions required under the Criminal Code to be considered for release: his appeal is not "frivolous" and he's not considered a flight risk.

    The third condition — whether Oland's detention is required in the public's interest — was the most difficult, he said.

    Although Richard was satisfied Oland wouldn't be a danger to the public, he said releasing him would send the wrong message to the public.


    Of course it would. A convicted murderer belongs in jail, not swanning around enjoying freedom for months and months on end. I doubt Roux is going to be able to convince anyone that OP is a 'special' case, considering the murderer survived a year in jail already, wasn't starved, wasn't abused, and even managed to make some pals.

    http://www.cbc.ca/news/canada/new-br...peal-1.3450016

  10. #40
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    Quote Originally Posted by soozieqtips View Post
    Try Googling anything similar to "How many convicted murderers are allowed bail" and it's hard to find any results apart from OP. I just read a case of a guy in Canada (also a convicted murderer) and also awaiting an appeal who had his application for bail turned down. From the search results alone, it seems that granting bail to convicted murderers is very very rare.


    Court of Appeal Justice J.C. Marc Richard delivered the decision not to grant bail on Wednesday afternoon in Fredericton, in front of a packed courtroom.

    Bail has never been granted to a convicted murderer in New Brunswick.

    Richard said Oland met the first two conditions required under the Criminal Code to be considered for release: his appeal is not "frivolous" and he's not considered a flight risk.

    The third condition whether Oland's detention is required in the public's interest was the most difficult, he said.

    Although Richard was satisfied Oland wouldn't be a danger to the public, he said releasing him would send the wrong message to the public.


    Of course it would. A convicted murderer belongs in jail, not swanning around enjoying freedom for months and months on end. I doubt Roux is going to be able to convince anyone that OP is a 'special' case, considering the murderer survived a year in jail already, wasn't starved, wasn't abused, and even managed to make some pals.

    http://www.cbc.ca/news/canada/new-br...peal-1.3450016
    When this came up before I did find some, I think by wading through Saffli docs. JJ remembers because she mentioned it not too long ago. Unfortunately I cannot remember how many or if it was one only and it took so long to track the info down I won't be going there again!! It is VERY unusual though.



  11. #41
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    Quote Originally Posted by Colin de France View Post
    .....and what about the suspended sentence mentioned above by IB, how does that figure in SA....is it possible considering that Masipa may well be sentencing him again that she may of taken an extreme dislike to all the bad attention she was given due to her previous sentence and decide to give him a light sentence by reducing it partially or even totally with a suspended sentence......
    Do you think it will go straight to sentencing, or do you reckon it might well get heard at the con court?

  12. #42
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    Quote Originally Posted by Interested Bystander View Post
    When this came up before I did find some, I think by wading through Saffli docs. JJ remembers because she mentioned it not too long ago. Unfortunately I cannot remember how many or if it was one only and it took so long to track the info down I won't be going there again!! It is VERY unusual though.
    So it seems to be very hard to get info on this, probably because it's such a rarity! OP must enjoy being one of the chosen few. I think the closer the sentencing gets, the more whining we're going to hear. I suspect the only reason he's keeping a low profile at the moment is because his family have told him to avoid any more negative press, like getting into brawls in clubs for example. Funny, but I've still yet to meet a truly vulnerable person who chooses to get into fights. If you're scared for your safety, walk away, don't antagonise the situation. Sadly, for this extremely fearful and vulnerable 'victim', he never seemed able to walk away from trouble, and in some cases, causing the trouble himself.

  13. #43
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    Quote Originally Posted by aftermath View Post
    Do you think it will go straight to sentencing, or do you reckon it might well get heard at the con court?
    ......i can't seem to put my finger on it exactly but there seems something wrong somewhere with the way the sentencing went and then having it split over two courts plus the lack of objective evidence and now he's been sentenced to murder he's sat at home with his feet up in front of the telly, feels totally wrong......i won't be surprised at all if the defense have already come up with something and take it to the con court.....this could go on forever.....

  14. #44
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    Quote Originally Posted by aftermath View Post
    Do you think it will go straight to sentencing, or do you reckon it might well get heard at the con court?
    The application for leave to appeal will be heard at the ConCourt because it has to, but in my opinion there is not an ice creams chance in hell of the appeal being granted. Unless of course one believes the Con Court are in the mood for changing the law just to suit Pistorius, but in reality that's not going to happen.

  15. #45
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    Quote Originally Posted by Belgarion View Post
    The application for leave to appeal will be heard at the ConCourt because it has to, but in my opinion there is not an ice creams chance in hell of the appeal being granted. Unless of course one believes the Con Court are in the mood for changing the law just to suit Pistorius, but in reality that's not going to happen.
    ........for the moment exception is the rule .........!

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