Oscar Pistorius - Sentencing - 7.6.2016

[Hope4More]

http://www.news24.com/SouthAfrica/N...with-pistorius-appeal-defence-lawyer-20160706

A legal expert has told News24 that the State will have a tough time getting the Supreme Court of Appeal to reconsider Judge Thokozile Masipa's six-year sentence
"My immediate feeling was that it was a lenient sentence, but not a wrong sentence.

"It’s going to be tough for the State to succeed on appeal against the sentence, purely because I think Judge Masipa really gave a good judgment. I thought she dealt with everything.

"Of course, the judgment was very favourable to Oscar, but I think it’s going to be tough to first get past her to apply for leave to appeal, but also for the SCA to find a prospect of success on appeal.

"I think we’ve reached the end of the matter."

A balanced view. Sounds about right.

 

[mhiforme]

Some of that I get, but that his mother was a fearful person and all that other autobiographical stuff?

Anxiety and depression do have a genetic component to it, so it is relevant.

 

[PrimeSuspect]

What is it with the comparisons to the single and entirely different case of CMJA?

One can suspect OP's remorse isn't genuine. No reasonable person can argue that CMJA feels anything other than triumphant about killing her victim.

Reasonable people can disagree whether or not OP intended to kill Reeva. No reasonable person doubts that CMJA premeditated TA's murder for weeks, if not months.

CMJA deliberately chose to slaughter her victim with a knife, to inflict the maximum amount of every kind of pain imaginable. OP, even if one believes he knew Reeva was there (I don't) acted in the heat of passion and killed quickly.

The crimes committed aren't comparible. The sentencing in each was contingent foremost upon the crimes.

It's actually interesting that you bring this up because I remember your post waaaaaay back, that OP's ex-girlfriend Samantha Taylor, who spoke of his violent mood swings in an interview, in your opinion, made Jodie Arias look like a choir girl. Up until that point, not one single person brought up Jodie Arias in these threads. I replied to that post and it's still there.

 

[mhiforme]

She disagrees with Nel that OP showed no remorse. Using his efforts to contact Reeva's parents as remorse. Definitely looking for mitigation here.

Roux has done a masterful job with this case and is worth his weight in gold.

At every step of the way, he was laying the foundation for his case but people couldn't see the full picture until Masipa's decision last night. Oscar taking correspondence, Oscar reaching out to the family, Oscar being a man of 2 Oscars, etc etc he was a master in putting his case forward.

 

[4MrsB]

There's this view of the sentencing too by Nick Van der Leek , who co-wrote books on this trial with Lisa Wilson , author of Juror13 blog https://juror13lw.com/category/oscar-pistorius-trial/

Here's their discussion on the 6 year Sentencing given by Masipa yesterday, -- Nick Van der Leek was in Court for the Sentencing (sat next to Mark Batchelor, friend to the Steenkamps)

WORTH A LISTEN

https://shakedowntitle.com/mediashake/soundcloud/

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:

 

[mhiforme]

Thanks for posting all, finally got back, watching the livelink!

- As others said it was fascinating to see Scholz as a defense witness and it absolutely clarified he's the Dixon of the South African psychology. His report was full of logical fallacies - like implying religious upbringing reveals an upright character, that only interviewing babyshoes interview showed Pistorius could never be violent towards his partners and that interviews with his elite prep shcool headmaster is highly relevant to an psychological analysis. I want to go on and on about how problematic was his report...

- Masipa is the Brock Turner judge. Its all confirmation bias and over identification with the convict with zero regard to the victim.

- Masipa can barely read her own judgement, Like that bizarre social worker, its embarressing for the SA legal system. She's justifying herself so much I'm cringing for her.

I don't find it embarrassing, Masipa's mother tongue is not English. I could only imagine how well we'd all do trying read a lengthy judgement in her mother tongue, now that would be embarrassing.

 

[Estelle]

BIB Now, I tend to agree. OP's demeanor early on in the Sentencing Hearing tended to reveal a level of comfort inconsistent with somebody about to be sentenced to 15 years of their life in prison. Just what did he know which enabled him to present as comfortable? It is a sad indictment on the SA legal system that Pistorius appears to be above The Law in that country. My honest opinion only.

Just reading his body language especially today suggested to me that he already knew what his sentence would be and that it was lightest he could have hoped for.

 

[Hope4More]

It's actually interesting that you bring this up because I remember your post waaaaaay back, that OP's ex-girlfriend Samantha Taylor, who spoke of his violent mood swings in an interview, in your opinion, made Jodie Arias look like a choir girl. Up until that point, not one single person brought up Jodie Arias in these threads. I replied to that post and it's still there.

Huh? As in, say what?

I haven't posted in OP threads in well over a year--what a memory you must have for individual posters. I can only marvel. But...that's not anything I can imagine ever saying about CMJA. Perhaps you misunderstood.

PS. It's spelled "Jodi."

 

[4MrsB]

I believe it was a mistake for Nell to state he would appeal if less than 8 years by sending out a message that 8 years is acceptable and now he has to justify an appeal on a 2 year gap rather than a 9 year gap

But I don't believe he ever said that in court. In court, to judge Masipa, he stated that he felt 15 years was what OP should get.
(at least, that's what I recall hearing)

 

[4MrsB]

Just reading his body language especially today suggested to me that he already knew what his sentence would be and that it was lightest he could have hoped for.

I had that same feeling, watching him in court and when the sentence was announced. No surprise, look of relief/or unhappiness what so ever.

My guess is that Masipa, worried about her favorite little murderer, conveyed to Nel & Roux what the bottom line was going to be, so Oscar wouldn't be further upset or anxious. Let him know ahead of the court hearing. It would also explain why Roux looked so relaxed before court & during.

 

[Estelle]

I had that same feeling, watching him in court and when the sentence was announced. No surprise, look of relief/or unhappiness what so ever.

My guess is that Masipa, worried about her favorite little murderer, conveyed to Nel & Roux what the bottom line was going to be, so Oscar wouldn't be further upset or anxious. Let him know ahead of the court hearing. It would also explain why Roux looked so relaxed before court & during.

I do not think that the criminal in any court usually knows (or should know) ahead of time what his sentence will be. But IMO this was so obvious.

 

[mhiforme]

How can you rehabilitate a person who has denied that with which he has been convicted?

Roux has already said Oscar has acknowledged that he took the life of the deceased.

 

[PrimeSuspect]

Huh? As in, say what?

I haven't posted in OP threads in well over a year--what a memory you must have for individual posters. I can only marvel. But...that's not anything I can imagine ever saying about CMJA. Perhaps you misunderstood.

PS. It's spelled "Jodi."

Yes, I've got a good memory when a post says something I think is outrageous and full of venom. I found the post, I misquoted, you didn't say Jodi Arias was a choir girl, just that her imagination wasn't as good as Samantha Taylors'. And that Sam Taylor's account was completely bogus and ridiculous, and how low she stooped for lurid fame and soiled dollars.

It shocked me at the time that you could compare these 2 women. I have it at hand if you want to revisit it, I'll post it. If it's not comparable now, why was it back then? A murderer, Jodi Arias, compared to an ex girlfriend of OP giving her story of her life with this man.

 

[Estelle]

The statistics speak for themselves. In 2013, it was reported that South Africa’s rate of female homicides was five times the global rate.

http://www.huffingtonpost.com.au/en...us_577d1cf3e4b09b4c43c1c17b?section=australia

Now after OP has been given six years for murder, I wonder if this rate will go up even higher? There has to be an Appeal surely.

 

[mhiforme]

Open season on wives and girlfriends in South Africa.

Like there wasn't before this case?

 

[Estelle]

HOW TO GET AWAY WITH MURDER: #oscarpistorius: the view from America

https://www.washingtonpost.com/news...-to-6-years-in-prison-for-girlfriends-murder/

 

[mhiforme]

And she didn't need to say that Barry inadvertently drew attention in his evidence to the public misconception that there'd been an argument either...just nasty...

Barry was put on the stand by Nel and his evidence needed to be addressed by Masipa, just like every other witness. It was Nel's fault for putting him on the witness stand to try and draw some sympathy.

 

[mhiforme]

That is why this should be appealed for policy reasons

6 years for Murder, with a lethal firearm is outrageously low.

The bottom line is a violent man murdered his girlfriend in a domestic setting for reasons unknown.

Once more the legal system fails victims of domestic violence.

BIB, there was no credible evidence that it was domestic violence, Oscar killed an intruder who turned out to be Reva.

 

[Estelle]

For any new posters reading here: Anyone who still believes Oscar Pistorius (OP) is innocent has to believe that the following scenario of 32 points are credible:

http://www.biznews.com/oscar-pistor...s-brilliant-summary-athlete-wants-us-believe/

 

[mhiforme]

What a country. In 2013 a man stole goats and cattle and was sentenced to 80 years. Reeva's life was worth 6.

Was the man who stole the goats suffering from a severe physical disability. Was he his own version of "two Oscars", one a world athlete and the other a handicapped person? Without knowing all the details of that case, it is impossible to compare the sentences.