Judges double Oscar Pistorius' sentence to 13 years, 5 months - 24. Nov. 2017

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FYI
http://www.espn.com.au/olympics/tra...ar-pistorius-prison-sentence-doubled-13-years

Judges double Oscar Pistorius' sentence to 13 years, 5 months

"Supreme Court judges are generally reluctant to change sentences handed down by trial courts, and it's rare for them to change one so dramatically."

Legal analyst, Ulrich Roux, said on the eNCA news channel. "But, if one looks at what the law states, and given the fact that murder does carry the minimum sentence of 15 years in prison, I think the decision could be vindicated."

Prosecutors called the six-year sentence much too lenient. The Supreme Court agreed, saying in a full written ruling released later that "the sentence of six years' imprisonment is shockingly lenient to a point where it has the effect of trivialising this serious offence."

Pistorius should have been sentenced to the prescribed minimum of 15 years for murder, Judge Seriti said, as he delivered the verdict of a panel of five judges at the Supreme Court in the central city of Bloemfontein.
 
Should have gotten life but am glad to see this sentence at least. IMO, if someone willfully and purposely takes a life unless it is self defense, they should pay for it the rest of their life. I'm sure OP had a grand life planned for when he got out after the short sentence Masipa gave him. His plans are now on hold. This is one case where I really thought money had bought the sentence and was very surprised when money didn't make a difference this time. He needs to be treated like the murderer he is!

MOO
 
They should've added on a few years for his 'walk of shame' and doing a TV show after the SCA verdict where he still never accepted responsibility. I'm glad Andrea Johnson said that he went on TV, had the Roux camp wobbling their heads in unison.

Poor Mr Roux - NOT. Poor Ms Adams - NOT.
 
An appeal to the Constitutional Court will be ill advised, given that the Con Court has already ruled on the matter (as set out in the Judgement) with not one but two of its criteria being met:

'[t]hetest for interference by an appeal court is whether the sentence imposedby the trial court is vitiated by irregularity or misdirection or isdisturbingly inappropriate'. The Constitutional Court reaffirmed thisapproach in S v Boggards [2012] ZACC 23; 2013 (1) SACR 1 (CC) para41 when it said '[o]rdinarily sentencing is within the discretion of the trialcourt. An appellate court’s power to interfere with sentences imposed bycourts below is circumscribed. It can only do so where there has been anirregularity that results in a failure of justice; the court below misdirecteditself to such an extent that its decision on sentence is vitiated; or thesentence is so disproportionate or shocking that no reasonable court couldhave imposed it'. See also S v Malgas 2001 (1) SACR 469 (SCA) para 12and S v Hewitt [2016] ZASCA 100; 2017 (1) SACR 309 (SCA) para 8."
 
KarenUK said:
I'm not sure which prison he is in, but his house arrest was revoked when he was re-sentenced to 6 years in the summer (June?) of 2016
Click to expand...

Where is Oscar:

He was handed six years in prison in the hospital wing of the Kgosi Mampuru II prison in Pretoria for Reeva's murder.

Then in October 2016, Pistorius was allowed to move to cushy Atteridgeville prison surrounded by acres of lush gardens and trees.

Before his sentence was increased, The Sun exclusively revealed that Pistorius tried to make a last ditch bid for freedom to stop him from being banged up in hellhole jail Kgosi Mampuru II prison.

The murderer’s wealthy family attempted to use an obscure law to overturn his conviction.

Pistorius would be forced to abandon the “more relaxed” Atteridgeville Correctional facility he is currently being held in a few miles from his family’s mansion.

https://www.thesun.co.uk/news/25985...ence-increased-murder-reeva-steenkamp-latest/
 
Here’s what Aimee had to say:

Aimee Joy Pistorius‏ @AimeePistorius · Nov 24

The human thirst for blood has not diminished, however the coliseum has changed.


In the pursuit to quench their thirst, facts and truth are but a trivial inconvenience.

Since when did the Pistorius clan have any regard for the truth. Truth was something to be dismissed at all costs, and it cost plenty. They played dirty right from the very start, to wit removing Reeva's handbag from the scene and Carl deleting the data from OP's phone.

How totally prophetic that Uncle Arnie said way back on 7 August 2014, “As LIGHT destroy DARKNESS, TRUTH will destroy the EVIL”.

And thanks to the SCA, truth did destroy the evil that is the killer Oscar Pistorius, at least for some years. I hope he has to serve out his full sentence but I won't be holding my breath.
 
Just to add a little bit of icing to the cake, I know you'll all be thrilled to know that Masipa had her 70th birthday on 16 October and is now retired.

She now has plenty of time to consider that what she did was wrong and that the whole world knows it.
 
redheart said:
So happy to hear about the sentence increase!

Really disgusted by this statement, though:

Pistorius's brother Carl said on social media that he was "shattered. Heartbroken. Gutted" at the decision.
"We have all suffered incomprehensible loss. The death of Reeva was and still is a great loss for our family too," he wrote.

http://www.bbc.com/news/world-africa-42107701
Click to expand...

JudgeJudi said:
Here’s what Aimee had to say:

Aimee Joy Pistorius‏ @AimeePistorius · Nov 24

The human thirst for blood has not diminished, however the coliseum has changed.


In the pursuit to quench their thirst, facts and truth are but a trivial inconvenience.

Since when did the Pistorius clan have any regard for the truth. Truth was something to be dismissed at all costs, and it cost plenty. They played dirty right from the very start, to wit removing Reeva's handbag from the scene and Carl deleting the data from OP's phone.

How totally prophetic that Uncle Arnie said way back on 7 August 2014, “As LIGHT destroy DARKNESS, TRUTH will destroy the EVIL”.

And thanks to the SCA, truth did destroy the evil that is the killer Oscar Pistorius, at least for some years. I hope he has to serve out his full sentence but I won't be holding my breath.
Click to expand...

They really are a vile family - they are enablers who helped to create that self-centred spoilt brat murderer.
 
JudgeJudi said:
Just to add a little bit of icing to the cake, I know you'll all be thrilled to know that Masipa had her 70th birthday on 16 October and is now retired.

She now has plenty of time to consider that what she did was wrong and that the whole world knows it.
Click to expand...

Thokozile "time for tea" Masipa was absolutely awful. The media portrayed her as a no nonsense, Judge Judy type. People thought she wouldn't be swayed by Oscar's theatrics. Well, what a dolt Masipa turned out to be. I wouldn't be surprised if she writes to Oscar now.
 
mister happy said:
Thokozile "time for tea" Masipa was absolutely awful. The media portrayed her as a no nonsense, Judge Judy type. People thought she wouldn't be swayed by Oscar's theatrics. Well, what a dolt Masipa turned out to be. I wouldn't be surprised if she writes to Oscar now.
Click to expand...
There's only one good thing to come out of her involvement in the case, and that is that she was so bad that it ensured two panels of senior Justices oversaw his fate.
 
I've just had a horrible thought. Roux was careful to point out that she effectively sentenced him to 8 years, not 6. I've never really looked into whether he was right about that, but assuming he is, what if they have mistakenly based their judgement on the "shockingly lenient" sentence being 6 years?

Please... no.

OR, is that sorted by the 13 years and a bit instead of 15??
 
Tortoise said:
I've just had a horrible thought. Roux was careful to point out that she effectively sentenced him to 8 years, not 6. I've never really looked into whether he was right about that, but assuming he is, what if they have mistakenly based their judgement on the "shockingly lenient" sentence being 6 years?

Please... no.

OR, is that sorted by the 13 years and a bit instead of 15??
Click to expand...

Don't worry about Roux.

attachment.php


It's the judgment that counts.

[24] … The facts of this case demand the imposition of the minimum sentence of 15 years' imprisonment.

[25] By the time the court a quo sentenced the respondent on 6 July 2016, he had however already served a period of imprisonment of 12 months and correctional supervision for a period of seven months pursuant to the initial sentence imposed upon him on 21 October 2014. He should receive credit for those periods of imprisonment and of correctional supervision already served. The terms of our order should therefore be adapted to take account of both s 282 of the CPA and the length of incarceration and of correctional supervision of the respondent.
(See S v RO 2010 (2) SACR 248 (SCA) para 44.

[26] In the result, the following order is made.

…

3 The sentence imposed by the court a quo in respect of murder is set aside and substituted with the following:

'The respondent is sentenced to imprisonment for a period of 13 years and five months.’
 

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I don't know why 8 years kept being mentioned in certain quarters. I expect it was more smoke 'n mirrors facilitated by the incompetent one not clarifying how time already served would be treated. Was he going to serve 3 years of his new sentence inside before being eligible for parole? I very much doubt that.
 
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