Trial Discussion Thread #59 - 14.21.10, Day 48 ~ sentencing~

[LaLaw2000]

OP was/is accustomed to the finest things. Money, celebrity status, adoration of fans, and the finest things money could buy. He honestly thought laws did not apply to him, IMO.

He has been lodged at his uncle's mansion with gourmet meals and servants. His lodging tonight will not be as grand, and his lunch and supper tonight will not be gourmet. He won't have his bed turned down or a chocolate under his pillow.

I like that OP was publically taken into custody without tearful goodbyes and so forth. At least during incarceration, he will do as someone else tells him to do and not as he pleases.

Even a hospital ward can be tough in prison. I hope he spends each day and night with horrible, wretched inmates (as he is). There will be inmates who will give this golden boy a hard time even though it is a hospital environment. I want every moment OP is there to be sheer hell.

I got here late this morning so I just kept my mouth shut and listened. I got progressively sicker and sicker as I listened to Masipa. This is not justice for Reeva or her parents, nor for the friends who loved her. GB them all.

Sorry for the long post everyone. I just had to have my final say. GB all of you for sticking it out wanting justice. Love you all!

MOO

 

[Lux et Veritas]

Correctional Services Act: http://www.dcs.gov.za/Publications/Legislation/DCS%20Act%20111%20of%202008.pdf

73 (7) (a) A person sentenced to incarceration under section 276 (1) (i) of the Criminal Procedure Act, must serve at least one sixth of his or her sentence before being considered for placement under correctional supervision, unless the court has directed otherwise.

Well, if that's the case, Masipa conveniently left that little detail out of her sentencing explanation.

Yeah, technically he's going to prison but it's still a gross travesty of justice.

Nel MUST appeal.

(What's the F' ing point of a prison sentence if one can serve 1/6 and walk????)

I've got such a massive freakin headache.

 

[alioop]

At least Uncle Arnold and Aimee will sleep safely tonight.

 

[lithgow1]

I liked that tweet above about him being taken to the prison with 'other prisoners'. Wonder if he'll try and bags the front seat.

 

[AlexUK]

Flippant thought.....

Do they wear prison uniform in SA jails?

*pictures OP in suit with arrows*

Mind you he would probably get Hugo Boss in to tailor his specially.

 

[OZe]

Gosh, that looks like some Renaissance painting of a religious scene. That's no saint in the middle though, no matter what he'd like the world to believe.

Really does! Titian would have had to paint over the Myers though.

 

[jay-jay]

Hi, all, I haven't been on this thread before, but I've followed the case closely on Twitter.

I'm glad he got jail time. It was such a weird case and I was afraid at one time that Judge Masipa was going to be more lenient than this. He could have gotten ALL house arrest, and that would be a travesty of justice.

However, knowing what we know about Oscar Pistorius, 5 years in prison - or even 10 months - is going to be a long, long time. This is a guy who loses his temper at the drop of a hat, is terminally ticked off about something, and wants his own way. Many days he seemed to be manipulating the court with his vomit bucket and his victim act. That stuff won't work most of the time in prison, although I'm sure we will hear about every little complaint he has, from the food to the hard mattress, to infinity.

He will only get House Arrest if he is in good standing in jail, and that's not a sure thing with someone like Oscar. House arrest is no picnic either for someone who has issues controlling himself and not taking responsibility.

For instance, on House Arrest, I'm sure you aren't allowed to have guns. How will that work, since his father likes to stash weaponry around his house. You can't be drunk and disorderly, and you don't get a slap on the wrist, but you get more jail time.

Even if the Defense is right and he only spends 10 months in jail, I can't imagine it will be drama free. In fact, I predict this whole thing is going to be crazy.

BBM .. 10 months in jail and house arrest for the rest of the term? I'm not really sure how much more lenient she could've been, to be honest. Seriously, I don't think anyone should just accept the judge's sentencing on the basis that 'well at least she did actually come up with some jail time in the end!' .. that's not how the justice system is supposed to work!

 

[kaos]

I wonder if Sky have hired their own helicopter to follow the prison van like they do when a UK criminal is sent packing?

E.T.A I forgot the prison was just around the corner so I hope they parade him around there in his orange suit doing the perp walk.

 

[pandax81]

This means that, a person can be considered for parole. Doesn't mean they will get it! I don't know what the likelihood of someone convicted of CH that bordered on murder would get past a parole board or whatever it's called in SA. Interesting that the Judge could have directed a minimum non parole period but chose not to. So as to the defence and prosecution claiming when he would get out of jail is just speculation in my opinion.

But given the possibility of parole after less than a year, how can the Steenkamps possibly be happy with this sentence. They would know what 5 yrs jail could mean in terms of parole. I think there is a deal done somewhere.

Even if the Steenkamps don't want an appeal on verdict, the State could still appeal and I think they will. Guess we find out within 14 days.

Absolutely right on eligible for parole only (I have always said it only means eligible/considered for correctional supervision in my posts).

But the assessment of parole is based on things like rehabilitation and behaviour (I have researched it with official documents), it can't be that the parole board decides the sentence as a proxy of the court, if that makes sense.

How independent that decision really is, I don't know? How strict will the conditions plus any community service, be if he gets it? Will he be allowed to go abroad for work? Might he just get day parole?

Just some thoughts off the top of my head so far

Edit: also bear in mind that 276(1)(i) is used because of its 1/6th element, so this is a deliberate sentence by the court which parole board must respect. 'Normal' sentencing could have been used instead.

 

[lithgow1]

Are they still talking about it on whoop? Mine cut out ten or 15 minutes ago and can't get it back.

 

[LemonMousse]

There was an expert on the BBC who said that the Pistorius clan have said all the way along that they wouldn't accept any prison sentence. That's quite disgusting.

 

[Ncl1968]

Sky news guy said op sentanced to min 5yrs then showed the judge reading out the verdic of 5 yrs max....doh!!!
Just said op will spend 1st nite in cell before going to hotel oscar...

 

[Aika]

It’s been a joke. First a wrong verdict (if we are to believe the experts) and then seemingly hard sentence for that kind of offence without telling us she really means only 10 months.

 

[jay-jay]

Well, if that's the case, Masipa conveniently left that little detail out of her sentencing explanation.

Yeah, technically he's going to prison but it's still a gross travesty of justice.

Nel MUST appeal.

(What's the F' ing point of a prison sentence if one can serve 1/6 and walk????)

I've got such a massive freakin headache.

Totally agree, Lux .. and snap, I've got a splitter of a headache too! Pass the paracetamol! (or Tylenol where you are ;-) )

 

[kaos]

Are they still talking about it on whoop? Mine cut out ten or 15 minutes ago and can't get it back.

It's still on but breaking up intermittently.

 

[ColonelMustard]

Prof Grant thinks the judge's reasoning today was outstanding.

I think he took a lot of heat for being honest about the error in law Masipa made in her verdict, and is now bending over backward to give her credit where he feels credit is due.

Today's sentence was intelligible, at least, and consistent with her (erroneous) judgement.

 

[alioop]

A big thank you to Zwiebel for all the court reporting. You did an amazing job and saved many of us including me from having to actually listen to a lot of the testimony.

Though I did watch the sentencing live on BBC tonight but even then Zwiebel you were ahead by a few minutes. It was like you were psychic.

 

[Nali87]

OP should be really thankful for his lawyer. 5 years (with the possibility to be released early) is a very good outcome for OP.

 

[LaLaw2000]

The moment he heard the sentence.

Thank you so much, zwiebel, for everything you have done throughout this trial, for the breakfasts, the constant updates, the pics, and just everything! Not just on this trial either. You are a tremendous asset to WS!

 

[808]

I liked that tweet above about him being taken to the prison with 'other prisoners'. Wonder if he'll try and bags the front seat.

Shotgun! :moo: