Oscar Pistorius - Sentencing - 7.6.2016

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Marfa Lights said:
I suspect that will be true for the most part-- but with Narcissistic Personality Disorders (as diagnosed by Dr. Marfa) then it seems like these types have some sort of coping mechanism that, delusional as it may be, allows them to maintain their own sense of self-righteousness and arrogance. It does not seem to disturb their enjoyment of everyday activities, although getting called a murderer in the grocery store was apparently disturbing. I don't think someone like Oscar takes it to heart though-- that is just an example of how they continue to be wronged and are victimized by an unjust society who have condemned an innocent man who was only trying to defend his life and Reeva's.

Did not stop OJ from enjoying endless rounds of golf until he got caught in his Las Vegas hotel room reverse robbery and it did not stop Joran van der Sloot from his life as an international gambler until he killed another young woman in Peru. On the contrary, I think it may enhance their own outlaw badass self-image.
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Getting away with Murder, essentially, tends to do that for a person. Empowering.
 
Hazy said:
Masipa was trying to enforce her verdict. Her admonishment of Barry steenkamp was uncalled for, he like the rest of us is entitled to his opinion. She can't change that chose what she decides.

As regards the interview, yes. Her sentencing more or less trotted of what was in there. Media, premeditated murder opinions .....

Indeed the whole appeals process rests of differing opinions or interpretation of the law.

She did it herself by ignoring the SCA!!! Lol.
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I got the impression that Masipa struggles with speaking/reading English other than at a basic level. I suspect her sentencing document was written by another body able to translate from her native language. She certainly appeared to be reading it very, very slowly and having to adjust some of the written content. I am beginning to think she had not read this before the day in court. Either that or she has memory problems.
 
Interested Bystander said:
I got the impression that Masipa struggles with speaking/reading English other than at a basic level. I suspect her sentencing document was written by another body able to translate from her native language. She certainly appeared to be reading it very, very slowly and having to adjust some of the written content. I am beginning to think she had not read this before the day in court. Either that or she has memory problems.
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What is her native language? It's really strange the way she struggles to read her own judgments.
 
lithgow1 said:
Thank you. I'd like to point out, from my position of believing him guilty of DD, that had he confessed then my attitude towards him would be nowhere near as negative as it is. And all that I said in that post, I wish for him and I am not a vengeful person. Had he owned up, then all I would have wanted was an appropriate punishment and then for him to move on and make something of the rest of his life. I may have even wished him well. But as things stand, I can't have any compassion for him. I know you will see this differently as you believe his version, but when one doesn't, his refusal to accept responsibility and tell the truth is much more galling.

Re the intruder hypothetical. Yes, I think the outrage would have been much less. The degree perhaps depends on what country and culture you are from. Perhaps South Africans, with the high incidence of robberies, and the USA, with its gun culture, would have been more understanding. For many Australians I think there would have been more disquiet at someone's 'right' to just shoot an intruder without even knowing who they are as we don't have the guns or the 'stand your ground` laws. But generally, yep, I agree with the 'intruder' hypothetical in your example.
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I'm American, and yes, this country surely is awash in guns. Massacres by gun have become all but routine here, and gun violence doesn't even rate headlines unless a cop has done the shooting or multiple people were killed.

Shooting an intruder in one's home in the US is typically considered justifiable. Consider one of the most twisted miscarriages of justice here I've ever heard of: five teenagers broke into someone's house, thinking it empty, hoping to steal a small amount of cash, iirc.

The house wasn't empty. The homeowner was upstairs, and armed. He shot and killed one of the (unarmed) boys, who died in the arms of his friend.

The homeowner didn't face any charges, but the four surviving boys did-- all were charged with murder and convicted. (The case is the "Elkhart 4").

Personally, I'm as anti-gun as one can be. What outrages me about that night is the fact OP still had access to a gun, after his demonstrable history of recklessly endangering others with guns. IMO Reeva would be alive if OP's enablers hadn't excused away the unacceptable.

I totally understand feeling justice wasn't done if one believes OP intended to kill Reeva. Even not believing that, I don't feel sympathy or compassion for him either.

To me, it speaks worse about him that he wanted to escape all consequences, even of shooting who he believed to be an intruder. He lied and then he lied some more, IMO to evade even that minimal accountability. Nothing to admire or respect in that.

(Edited to correct details of the Eckhart case).
 
Marfa Lights said:
What is her native language? It's really strange the way she struggles to read her own judgments.
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There are a number of languages spoken in Soweto from where she hails. Taken from Wikipedia:- " All eleven of the country's official languages are spoken, and the main linguistic groups (in descending order of size) are Zulu, Sotho, Tswana,Venda, and Tsonga."
 
soozieqtips said:
BIB - just numb with disbelief. She's gone easy on him yet again. Clear bias, and one of the reasons she should never have been allowed to resentence him. She seems to have come to this laughable decision by ignoring some significant points of the SCA findings. And she was barely coherent today. Really hard to follow her.

Alex Crawford said Nel was seen 'punching the air' after the announcement. Is he pleased with that result?? It's less than the 8 years he said he'd accept. How did the murderer only get an extra year for murder?
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No, no Soozie. Barry Roux was the one who punched the air. Yes, he was pleased as punch.

Numerous people have mentioned that Nel wanted at least 8 years. Andrea Johnson reportedly said they would appeal if the sentence was less than 8 years. At approx. 3:16:00 he starts to talk about sentence and repeatedly reminds Masipa that the benchmark is 15 years and says it's the duty of the court to prescribe the minimum sentence.
 
JudgeJudi said:
No, no Soozie. Barry Roux was the one who punched the air. Yes, he was pleased as punch.

Numerous people have mentioned that Nel wanted at least 8 years. Andrea Johnson reportedly said they would appeal if the sentence was less than 8 years. At approx. 3:16:00 he starts to talk about sentence and repeatedly reminds Masipa that the benchmark is 15 years and says it's the duty of the court to prescribe the minimum sentence.
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The prosecution can threaten the court with an appeal but that doesn't mean it has any legal veracity.

The court needed to sentence on the facts found by the courts which remain from the original judgement.
 
Trotterly said:
The prosecution can threaten the court with an appeal but that doesn't mean it has any legal veracity.

The court needed to sentence on the facts found by the courts which remain from the original judgement.
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The court needed to justify deviating 9 years from the minimum sentence of 15 for Murder DE (more than half the prescribed sentence) and account for not just the mitigating but the aggravating factors as well.
 
Marfa Lights said:
The court needed to justify deviating 9 years from the minimum sentence of 15 for Murder DE (more than half the prescribed sentence) and account for not just the mitigating but the aggravating factors as well.
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Masipa mentioned both aggravating and mitigating factors in her sentencing.
 
An appropriate cartoon. Justice really was turned upside down this go round. Waiting for the NPA to announce the appeal...
 

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4MrsB said:
On this same website of Nick & Lisa's, a comment was posted by a QueenDotO that stated:
"If Reeva was a rhino, Oscar would have gotten 25 years".

If that's accurate......how sad is that? So sad. So unjust.

I feel that if Nel gets his way...he will appeal, as he is likely outraged at Masipa's sentencing. Especially knowing the Supreme Court's thinking is completely in line with his own. But it may not be his call, and the state may say they're done spending $$ on OP. :furious:
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Oh MrsB, that poster was not accurate, nowhere near accurate. The poacher who killed the rhino was sentenced to 77 years!!!!!

http://www.bbc.com/news/world-africa-28441261

And then there was theman who stole goats and cattle who got 80 years.

http://www.news24.com/SouthAfrica/News/Man-gets-80-years-for-cattle-theft-20150223
 
I am not sure I agree that appeal against sentence is tougher for the State than the first appeal.

First up, appeal against sentence is really not such a big deal as a substantive appeal and the State may appeal purely on policy grounds.

Overall there is far less at stake,

And ultimately, the sentence does seem inappropriate, so I believe it is the duty of the state to ensure it is scrutinised by the SCA

If the SCA announces the sentence is in fact correct, then this also helps the legal community to better understand how the murder tariff operates.
 
JudgeJudi said:
Oh MrsB, that poster was not accurate, nowhere near accurate. The poacher who killed the rhino was sentenced to 77 years!!!!!

http://www.bbc.com/news/world-africa-28441261

And then there was theman who stole goats and cattle who got 80 years.

http://www.news24.com/SouthAfrica/News/Man-gets-80-years-for-cattle-theft-20150223
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How about the two teenage men that stole milk and sweets? They got 15 years:

http://www.algoafm.co.za/article/local/78536/ec-teens-get-15-years-for-stealing-milk-and-sweets

There is no way that the NPA will not appeal, no way.
 
Marfa Lights said:
Now isn't that perfect. Gotta love a good cartoon.
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I was on twitter and was laughing so hard at the #LongerThanOscarsSentence hashtag, someone posted that it took longer to draw that cartoon! Some really funny ones there; check it out.
 
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