Oscar Pistorius - Sentencing - 6.13.2016 #2

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mrjitty said:
Of course its hard to legislate for Masipa Law

But in my opinion what Roux was asking for has no chance. (at least in a credible Court)

So if the Judge splits the difference and gives him 10, this is a great result for the defence as with 1 served he could be out in 4

But it might feel like a heavy sentence compared to what the defence asked for.

So I kind of wondered if there was a aspect to Roux's game of providing cover to the Judge for what would be a soft sentence.

She can rip into Roux's submissions and then say No Sir! I give him 10 years hard time!
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10 years would be 8 years in prison because of the 4/5 rule surely, and the 10 years would already take account of the year served. Unless Masipa went with the 2/3 rule. If wanted him to serve 4 years she'd have to sentence him to 6 years.
 
The two most important things Nel said today (IMO) were:

If you accept as mitigation that he didn't intend to kill Reeva then you are saying that an intruder's life is valueless.

And

Pistorius, in prison, said that he didn't deserve to be there because he was not a criminal.

Those two things demolish every single "argument" Roux laid before the court.

And I was delighted that Nel challenged Roux's extremely offensive...."Murderer of what? What is that?"

The "what" was Reeva.
 
JudgeJudi said:
Poor me, pity me, look how little and disabled I am. Don't send me to that nasty place. I'm scared, very scared, terrified.
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Why did he have to take those socks off too? He was on carpets. As LM said, showboating his "vulnerability". As lithgow(?) said put an effing gun in his hand and make him walk to the Bench.

Sorry I have never sworn as much online , ever, but .....:gaah:

Anyway in case we have 3 or 4 lurkers misinterpreting that for frustration/pessimism re the eventual sentence - it isn't. ;)
Quite confident of a good stretch inside, even though I haven't seen the full day again.
 
mrjitty said:
Who knows - this is pretty crazy territory!

I would have said it is a huge contempt of Court to do this.

I can't imagine any High Court Judge who would be happy about it - indeed I know some who would hit the roof
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You'd think they will have to postpone airing it. I'm sure Uncle A is regretting the decision and if OP continues to deny responsibility but claims to be remorseful (which he did not do in court in this sentencing hearing) and Masipa did watch it, well that could be quite disastrous. She's human and if she thinks this 'white boy has taken the mickey out of me' she might slam him with 20. Ah, wishes.
 
LemonMousse said:
The two most important things Nel said today (IMO) were:

If you accept as mitigation that he didn't intend to kill Reeva then you are saying that an intruder's life is valueless.

And

Pistorius, in prison, said that he didn't deserve to be there because he was not a criminal.

Those two things demolish every single "argument" Roux laid before the court.

And I was delighted that Nel challenged Roux's extremely offensive...."Murderer of what? What is that?"

The "what" was Reeva.
Click to expand...

UL Wow I hadn't heard that line .
IDK which poster keeps mentioning the "Kool Aid" but looks like OP has had it intravenously from Mashabane.

Edit - UL I was going to suggest something more unpleasant & distasteful, use your imaginations!
 
Hatfield said:
Been following in the news and some reading here.

All JMO
First off I thought this was going to be like a 1 day re-sentencing and was very disappointed to see defense and prosecution having to give what is in effect closing arguments all over again it seems.

Secondly why do I have a horrible feeling that the judge is going to give us more of the same and come up with some crazy sentence that doesnt justify the crime committed. Some of her basis for the last sentence I clearly remember her using invalid arguments such as saying she didnt believe the testimony of his ex girlfriend that told how he shot a gun carelessly out the sunroof of a car or something like that. She also didn't believe some of the other prosecution arguments for invalid reasons. She made them sound convincing but when you read through the lines she was basically favoring the defense.
And she believed some of the defense arguments that I would have thrown out.

So I have lost faith with this judge and am very disappointed she even gets to sit during this resentencing. I have suspicions that due to her similar disability that she favors the defendant and it would not surprise me if money exchanged hands at some point during the last trial.

So I will wait like the rest of us but I sure am not going to get my hopes up that justice will be served this time around. I think she wants the long delay to create a very lengthy argument that does nothing but confuse people with why she is giving him such a low sentence.
She creates it with multiple pages and many words so that she can hide that she is giving him a pass and making it sound like it is legitimate.

Thanks everyone for the great posts and overview of what has been going on. It is appreciated.
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I feel your pain! But in reality it would be best that she hand down a sentence of less than the 15 year mandatory minimum, it would spurn an immediate appeal and the SCA tend to actually follow the law. I would be very happy with that scenerio!
 
I think that when he goes inside they should reappoint that nurse manager to supervise his medical needs. She certainly saw right through him. It would literally drive him insane with rage and humiliation. Either way, he's gonna be an angry man when he finally gets released. It would not surprise me in the least if this second imprisonment term is one of many. All his enablers really have no idea of the longterm damage they are inflicting on him.
 
mrjitty said:
Of course its hard to legislate for Masipa Law

But in my opinion what Roux was asking for has no chance. (at least in a credible Court)

So if the Judge splits the difference and gives him 10, this is a great result for the defence as with 1 served he could be out in 4

But it might feel like a heavy sentence compared to what the defence asked for.

So I kind of wondered if there was a aspect to Roux's game of providing cover to the Judge for what would be a soft sentence.

She can rip into Roux's submissions and then say No Sir! I give him 10 years hard time!
Click to expand...

Yes , that's the bit I'm interested in. Just a game. Roux playing a role.
Not being legal types, we wouldn't know this kind of thing y'see.
 
mrjitty said:
How does Masipa even allow this?

He was not called as a witness?

Yet then he is produced as physical evidence? She allows her court room to be the backdrop for a farce.

if I was her I would have insisted he be available for X if he is going to parade around
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Really quite appalling. OP at no time does OP ever need to walk around on his stumps. They only need to be taken off when he goes to bed and when he goes for a shower when a chair was provided. Whatever was Roux thinking? Showing this surely was counter-productive. This is the guy who openly states he doesn't think of himself as being disabled.
 
LemonMousse said:
The two most important things Nel said today (IMO) were:

If you accept as mitigation that he didn't intend to kill Reeva then you are saying that an intruder's life is valueless.

And

Pistorius, in prison, said that he didn't deserve to be there because he was not a criminal.

Those two things demolish every single "argument" Roux laid before the court.

And I was delighted that Nel challenged Roux's extremely offensive...."Murderer of what? What is that?"

The "what" was Reeva.
Click to expand...

1. As far as Roux is concerned, both are valueless.
2. 100% lack of remorse. You can't have remorse if you don't accept what you did.
3. That was just plain disgusting.
 
lithgow1 said:
You'd think they will have to postpone airing it. I'm sure Uncle A is regretting the decision and if OP continues to deny responsibility but claims to be remorseful (which he did not do in court in this sentencing hearing) and Masipa did watch it, well that could be quite disastrous. She's human and if she thinks this 'white boy has taken the mickey out of me' she might slam him with 20. Ah, wishes.
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We had a recent UK case where a bloke after "getting off" made comments on his FB page about "getting one over on the judge". He was promptly hauled back in and sentenced for C of Court. I think it's probably rare in SA though.

Anyway OP is far too crafty, on TV he will emote, show us his Reeva shrine, her Val card, feed his nephews baby food, gently play with his dogs, show us his bathroom cabinet and his drugs, explain haltingly how vulnerable he is in a hundred ways. He isn't going to leave himself wide open- he'll say he was responsible but mistaken, break down into unintelligible mumblings etc.


As long as it ends with pastor drowning him in Waterkloof plunge pool I'll be ok with that.
 
Wouldn't it be nice if, over the last year, Masipa (away from Du Toit's squeaky voiced influence) has had a few dark nights of the soul and it's dawned on her that Pistorius had basically gotten away with murder. "But wait......we never did hear the promised tapes of girly screams and Johnson's time was never verified. Hmmm"

"15 years is the minimum, not the maximum. So I give you 200 years in prison like that police officer rapist".

:)

Won't happen, but sure would be nice!
 
cottonweaver said:
Anyway OP is far too crafty, on TV he will emote, show us his Reeva shrine, her Val card, feed his nephews baby food, gently play with his dogs, show us his bathroom cabinet and his drugs, explain haltingly how vulnerable he is in a hundred ways. He isn't going to leave himself wide open- he'll say he was responsible but mistaken, break down into unintelligible mumblings etc.


As long as it ends with pastor drowning him in Waterkloof plunge pool I'll be ok with that.
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RSBM...
He'll probably vomit on camera a couple of times too, for good measure.

Can someone please confirm that he is definitely, absolutely going to prison after sentencing? There isn't an option for him to be detained in a psychiatric ward or anything like that is there?
 
DanceCard said:
RSBM...
He'll probably vomit on camera a couple of times too, for good measure.

Can someone please confirm that he is definitely, absolutely going to prison after sentencing? There isn't an option for him to be detained in a psychiatric ward or anything like that is there?
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Well, any prisoner could be detained in a psychiatric ward instead of a prison. He'd just go there until he was better then be transferred to prison.

But he has not been sentenced to be detained in hospital in the way that someone who is criminally insane would be.

He will be incarcerated. And if Masipa does go down the community service/suspended sentence route, Nel will appeal and he will win.
 
Just watching the days events now I'm home from work... Wow. Roux really is contemptible when questioning Kim Martin - it's made my blood boil... I'm going to have to skip his closing statement!
 
I hope Masipa does watch the programme. It will show OP in a different light from the wreck he attempted to portray today. She will then have to accept this boy is a fake and a liar. If she does not watch it that also will show a willingness to accept his lies IMO.
 
A few vids & tweets from SA, legals


Adv Curlewis video on day 3, on K.Martin's impact, stumps strategy, photos as the response, sentencing delay
[video=youtube;QUUTF7654Z8]https://www.youtube.com/watch?v=QUUTF7654Z8[/video]

Brenda Wardle ‏@BrendaWardle 7h
This sentencing ought to have happened in the SCA. Barry Roux had his verbosity curtailed there. Here he has free reign. #OscarPistorius
 
Commentators on barry's impact incl short clip of Carl responding to TV journalist.
[video=youtube;Nxd_VKY2BOc]https://www.youtube.com/watch?v=Nxd_VKY2BOc[/video]
 
Oscar makes me sick. This whole thing makes me sick actually. I wish he could be jailed for a very very long time but I know he won't be. He'll always be a danger imo.
 
LemonMousse said:
Well, any prisoner could be detained in a psychiatric ward instead of a prison. He'd just go there until he was better then be transferred to prison.

But he has not been sentenced to be detained in hospital in the way that someone who is criminally insane would be.

He will be incarcerated. And if Masipa does go down the community service/suspended sentence route, Nel will appeal and he will win.
Click to expand...

Thanks for this.
I followed the case up to and including the original trial but haven't followed much since the conviction was overturned at the end of last year. I'm not at all knowledgable about SA law or court procedure so this is all new to me, although I did follow the Shrien Dewani trial too.

I was concerned that after the psychologist's evidence earlier this week that there may be some 'get out' to enable him to spend a period of time in a hospital, even though he's not criminally insane.

I can't even think about community service instead of jail!

One final question, does he have any further right to appeal after he's sentenced this time?
 
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