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  1. #16
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    Quote Originally Posted by LemonMousse View Post
    Glad to hear that the State are ready to appeal the sentence if they need to. I hope they don't.

    I am going to stick my neck out - more in hope than expectation - that he will get 15 years, minus time served. That's what he deserves.

    I suspect both parties will have been having cosy little chats in chambers and resolved to ensure this is put to bed speedily. I concur that she'll give him close to the 15 years but I think she'll reduce it by saying that the time he has served on correctional supervision and whilst on bail since the SCA appeal counts towards the sentence.
    Last edited by sillybilly; 06-12-2016 at 09:24 PM. Reason: fixed quote; please us the "Reply with Quote" feature

  2. #17
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    Quote Originally Posted by Paul Connelly View Post
    I suspect both parties will have been having cosy little chats in chambers and resolved to ensure this is put to bed speedily. I concur that she'll give him close to the 15 years but I think she'll reduce it by saying that the time he has served on correctional supervision and whilst on bail since the SCA appeal counts towards the sentence.

    Pretty sure she can only include time spent under sentence. Bail - even with conditions - is not classed as a sentence.

    So, minus the one year in prison, plus the time on house arrest doing community service right up until the SCA set aside the conviction and sentence.

    Not that I know for sure...just makes sense to me.
    Last edited by sillybilly; 06-12-2016 at 09:25 PM. Reason: fixed quote

  3. #18
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    Quote Originally Posted by LemonMousse View Post
    Not that I know for sure...just makes sense to me.
    I pray to God you're right! I agree about it making sense but I know Roux will try his whining and pleading, petitioning Masipa and using his sophistry to bamboozle her. It worked a treat last time, so why wouldn't he.

    He even resorted to it at the closing moments of the SCA hearing but unlike the out of her depth Masipa, Leach and his fellow Judges were too wise to succumb to such BS. OP hasn't been doing the community service based stuff and therapy for the good of his spiritual wellbeing. It's so Roux can plead with Masipa to bring it closer to the 8 years the NPA have put down as a marker.

    Just watch tomorrow...
    Last edited by Paul Connelly; 06-12-2016 at 07:58 PM.

  4. #19
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    Quote Originally Posted by Paul Connelly View Post
    I pray to God you're right! I agree about it making sense but I know Roux will try his whining and pleading, petitioning Masipa and using his sophistry to bamboozle her. It worked a treat last time, so why wouldn't he.

    He even resorted to it at the closing moments of the SCA hearing but unlike the out of her depth Masipa, Leach and his fellow Judges were too wise to succumb to such BS.

    Just watch tomorrow...
    Yeah...agreed. And I also think that Masipa's natural inclination is leniency towards Pistorius.

    BUT - notably - the SCA basically shot down every one of the justifications she invented for him before so it's really hard to see what she will accept as mitigation without flagrantly going against their findings.

    Will certainly be an interesting week, that's for sure.

  5. #20
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    Quote Originally Posted by Paul Connelly View Post
    I suspect both parties will have been having cosy little chats in chambers and resolved to ensure this is put to bed speedily. I concur that she'll give him close to the 15 years but I think she'll reduce it by saying that the time he has served on correctional supervision and whilst on bail since the SCA appeal counts towards the sentence.

    I just hate hearing the minimum is 15. But the state will appeal anything below 8 years.

    This scares me because obviously the minimum isn't 15.

    I guess minimum and mandatory minimum are 2 different things. And now Massipa has been dragged through the mud.

    And she will not take people questioning her integrity lightly. So she will probably find a way to maneuver the law in Oscars favor once again. Jmo.

    She is playing chess while we are thinking this is checkers. Jmo.
    Last edited by sillybilly; 06-12-2016 at 09:26 PM. Reason: fixed quote
    You can fool some of the people some of the time; But guess what? The Bus Stops Here (Life No Parole/ Don't Pass Go: Don't Collect Your $200)

  6. #21
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    Quote Originally Posted by lithgow1 View Post
    Hello all - it's been a long time eh. Even the fonts look different!

    From reading just now on DS it would seem that she cannot give the home imprisonment option as that only applies to sentences of 5 years or less. I read elsewhere that the State will be going for the full 15 year minimum and will appeal if it is less than 8 years. OP and his team will need to provide mitigating circumstances as to why the 15 year minimum should not be imposed.

    Interesting aside that Carl P has gone off on holiday to India and Aimee P has moved to London so neither will be there to support him.

    PS This was meant to be a reply to Dexter but came out a a new post. Everything's changed!
    We're still here my friend.

    Now I wonder why everyone has left Oscar. Did he confess to anything. Or did he curse them out and they now realize the ungrateful guy that he is?

    I guess we will see. Good find though.
    You can fool some of the people some of the time; But guess what? The Bus Stops Here (Life No Parole/ Don't Pass Go: Don't Collect Your $200)

  7. #22
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    Quote Originally Posted by DexterMorgan View Post
    I just hate hearing the minimum is 15. But the state will appeal anything below 8 years.

    This scares me because obviously the minimum isn't 15.

    I guess minimum and mandatory minimum are 2 different things. And now Massipa has been dragged through the mud.

    And she will not take people questioning her integrity lightly. So she will probably find a way to maneuver the law in Oscars favor once again. Jmo.

    She is playing chess while we are thinking this is checkers. Jmo.
    I have to agree with Lemonmousse here in that the SCA, whilst praising her, were scathing about Pistorius and his plethora of defences. She got it wrong but she's a journeyman judge promoted way beyond her abilities and those expected of a high court judge.

    I think she'll be mindful of the SCA's "tone" and sentence him close to the full 15 years less timed served. I also think Roux will convince her to reduce it further with another plethora of reasons beyond any sane person's understanding. For Roux, that's what his instructions are this week. To try and give compelling reasons why the minimum mandatory sentence should be reduced. I think she'll be less ready to listen this time after having her fingers burnt so publicly.

  8. #23
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    FYI
    http://www.insidethegames.biz/articl...ing-for-murder
    Oscar Pistorius has recorded an interview with British channel ITV - ahead of his sentencing. He was interviewed at his uncle's home and has given his first media interview since the shooting. It is due to be aired on June 24. ITV has released a statement confirming the one-off show entitled Oscar Pistorius: The Interview, which will feature a one-on-one with the athlete by investigative journalist Mark Williams-Thomas.

    http://www.news24.com/SouthAfrica/Ne...amily-20160609
    Oscar's first TV interview since Reeva's death to address misconceptions – family
    2016-06-09 21:12
    Oscar Pistorius gave the interview "...to address some of the "misconceptions that have remained unchallenged", says the family". Pistorius's uncle Arnold said: "... ITV would be able to provide the family with a voice"...
    Last edited by Fuskier; 06-12-2016 at 09:29 PM.

  9. #24
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    Quote Originally Posted by Paul Connelly View Post
    I have to agree with Lemonmousse here in that the SCA, whilst praising her, were scathing about Pistorius and his plethora of defences. She got it wrong but she's a journeyman judge promoted way beyond her abilities and those expected of a high court judge.

    I think she'll be mindful of the SCA's "tone" and sentence him close to the full 15 years less timed served. I also think Roux will convince her to reduce it further with another plethora of reasons beyond any sane person's understanding. For Roux, that's what his instructions are this week. To try and give compelling reasons why the minimum mandatory sentence should be reduced. I think she'll be less ready to listen this time after having her fingers burnt so publicly.
    Lol. Masipa got it wrong?

    I guess you never seen the men that she has put away for big years that have done less than Oscar. JMO

    Masippa was just paid off or she was making higher friends within the judicial realm happy.

    Jmo. I truly think that someone called her for a favor and she obliged. Jmo.

    Because her record was supposedly known as being extra hard on men who have violated or killed women. Jmo.

    The press act like she didn't mess around with cases like these.

    But now she supposedly was very understanding and sympathetic.

    So I truly can not state that Massipa only made a mistake and now she is willing to correct it. Jmo.

    Btw. Even with culpable homicide. Massipa could have given him 15 years if she wanted.

    But she settled for a 5 year sentence when she knew that he would be out in 1.

    So her mixing up the law wasn't the problem in my eyes.

    Her problem, imo. Was that she didn't make sure that she gave him a sentence long enough the first time around as where he wouldn'tbe eligible to be released after 1 year. Jmo.

    Massipa knew exactly what she wanted to do. And it obviously didn't include sentencing Oscar to any real time at all. Jmo
    You can fool some of the people some of the time; But guess what? The Bus Stops Here (Life No Parole/ Don't Pass Go: Don't Collect Your $200)

  10. #25
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    I have been away so long I don't know what's going on in this case! Time to catch up!

    Did Zwiebel ever return?


  11. #26
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    Welcome back everyone. It's great to see old familiar faces again.

    Aggravating factors
    If violence is involved, aggravating factors may be the degree and extent of the violence used, the nature of any weapon, the brutality and cruelness of the attack, the nature and character of the victim, including whether the victim was unarmed, or helpless.

    Nel will use all of these. He can also add that OP pleaded not guilty and was prepared to fight all the way to the ConCourt together with lack of remorse. His behaviour since the murder certainly shows a lack of remorse as he got a new girlfriend, was out and about socialising with criminals and got into a fight plus an altercation with someone at a nightclub and was told to leave the club.

    Mitigating factors
    Roux can use the following in mitigation: First offence and participating in anger management courses and psychotherapy (both of which he was ordered to do) while he was in prison. However, like OP, heíll offer up a plethora of excuses notably psychological assessments done by people of their choice. Itís a given that time served will be deducted. Iíve only read of him doing community service twice, not that itís been ongoing from when it started. As for being confined for half a day in the mansion since the SCA overturned the CH verdict to one of murder, if it was anyone else they would have been incarcerated during this time so Iíll be outraged if that comes into it.

    The mandatory minimum sentence for murder is 15 years, however ...

    If "substantial and compelling circumstances" are present to justify a lesser sentence, the court is permitted to deviate from the prescribed sentence as long as the judge provides reasons for the deviation on the record. This is not an unusual occurrence in SA.

    In addition to the mandatory minimum sentence, the mandatory minimum sentencing regime also restricts the ability of judges to suspend parts of custodial sentences they impose. The Criminal Procedure Act provides that a court, after it convicts a person for a crime for which a prescribed minimum sentence is applicable, may suspend up to five years of the prescribed sentence on the basis of various conditions, including compensation, community service, submission to correctional supervision, good behaviour, or any other condition that it deems fit. The mandatory sentencing regime prohibits the suspension of a mandatory minimum sentence.

    Hypothetically Masipa could reduce the 15 year sentence to 10 if she finds substantial and compelling circumstances (IMO there are none) and then deduct the year already served leaving a balance of 9. In my eyes the minimum he should get is 14, i.e. 15 less 1 year served.

    Bring it on.

  12. #27
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    On the question of parole ...

    "The parole board has a wide discretion to grant parole, although the law puts limits in the case of more serious offences.

    Offenders sentenced to more than two years (but less than life) in prison must serve half their sentence before being eligible for paroleĒ.

    http://www.news24.com/SouthAfrica/Os...frica-20140516

    And the following from the SA Criminal Procedure Act, 1977

    276B. Fixing of non-parole-period

    (1)(a) If a court sentences a person convicted of an offence to imprisonment for a period of two years or longer, the court may as part of the sentence, fix a period during which the person shall not be placed on parole.

    (1)(b) Such period shall be referred to as the non-parole-period, and may not exceed two thirds of the term of imprisonment imposed or 25 years, whichever is the shorter.

  13. #28
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    Hey JJ Thanks for this! My co-author will be at court all week, so I'll be sharing some pics with you guys.
    Visit my blog at: www.juror13lw.wordpress.com

  14. #29
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    Last edited by Mr Fossil; 06-13-2016 at 02:18 AM.
    "O, what a tangled web we weave, When first we practise to deceive!" Sir Walter Scott

  15. #30
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    Morning everyone. I have to miss most of the proceedings so am relying on you guys to keep me updated.

    I wonder what "health" issues Roux will exaggerate to make sure the murderer serves as little time as possible. It's hard to believe how much freedom he's had (given his conviction) and I can't see him accepting anything longer than the absolute minimum without putting up a strong fight. Reeva's family have been in limbo while OP has been free, so I really hope he gets the maximum sentence and serves his time with the minimum of whining. He should have been in prison awaiting appeal, not living in luxury.

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