Author Topic: South African prosecutors to appeal against Oscar Pistorius' 6-year sentence.  (Read 1944 times)

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Offline John

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Oscar Pistorius: Appeal over 'shockingly lenient' sentence



21 July 2016



South African prosecutors say they will appeal against Oscar Pistorius's six-year sentence for murder, calling it "shockingly too lenient".

The National Prosecuting Authority said the sentence was "disproportionate to the crime" and could bring the justice system "into disrepute".

The Olympic athlete was jailed earlier this month for murdering his girlfriend Reeva Steenkamp in 2013.

He admits killing her but says he mistook her for an intruder.

The 29-year-old was initially given a five-year term for manslaughter, but was found guilty of murder on appeal last December.

A statement released by the National Prosecuting Authority said that an application for leave to appeal against Pistorius's sentence was submitted on Thursday.

"We hope that this appeal will also clarify further the principles of sentencing, particularly in crime categories for which there are prescribed minimum sentences ordained by legislation," it says.

Prosecutors point out that Pistorius' jail term was less than half the 15 years sought by them and that he has shown inadequate remorse for the murder.

In explaining her decision to give him six years, Judge Thokozile Masipa said mitigating circumstances, such as rehabilitation and remorse, had outweighed aggravating factors, such as his failure to fire a warning shot.

She said the sentence needed to be fair to both Pistorius and the family of the deceased.

A longer sentence would not serve justice, she said: "Public opinion may be loud and persistent but it can play no role in the decision of this court."

But the sentence caused outrage among some, who argued he had been given preferential treatment because of his status and wealth.

Read entire article here.
« Last Edit: July 22, 2016, 10:38:53 PM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
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Offline mercury

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Offline John

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One wonders just how many times Judge Masipa has to get things wrong before she is removed from the bench?  She messed up the trial and now the sentence, is there anything this woman can do right?
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.

Offline mercury

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One wonders just how many times Judge Masipa has to get things wrong before she is removed from the bench?  She messed up the trial and now the sentence, is there anything this woman can do right?
In this horribly corrupt world am sure she wasnt acting alone, more than her arthritis fingers got bent , it disgusts me
If im wrong and it was all her own judgements then she added one single year on for the dfference between manslaughter and murder, still not right, and meanwhke we have african courts giving peple 90 yr sentences for killing animals and 20 years for robbery...white rich men leniant law syndrome is not a myth

Offline John

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Pistorius will seek permission to appeal against his 6-year murder sentence tomorrow in South Africa

25 August 2016

By Sinikka Tarvainen
DPA

JOHANNESBURG South African prosecutors will on August 26 seek permission to appeal against Oscar Pistorius' six-year prison sentence for the murder of his girlfriend Reeva Steenkamp, a spokesman for the National Prosecuting Authority said Thursday.

A court hearing will be held in Pretoria in the presence of judge Thokozile Masipa, who sentenced the former Olympic and Paralympic athlete on July 6, spokesman Luvuyo Mfaku told dpa.
Related Article

Prosecutors plan to argue that another judge could have come to a different conclusion than Masipa, whose sentence was widely criticized as being lenient.

If Masipa accepts the argument and grants prosecutors leave to appeal, they will seek a tougher sentence for Pistorius at the Supreme Court of Appeal.

The double-amputee athlete fired four shots at the model through a bathroom door in his Pretoria home on February 14, 2013.

Masipa initially accepted his argument that he mistook her for a burglar, and sentenced him to five years for manslaughter.

But the Supreme Court of Appeal overturned her verdict and found Pistorius guilty of murder, forcing her to issue a new sentence.

Masipa may immediately decide whether to grant prosecutors permission to appeal, or delay her decision by several days, Mfaku said.

http://www.africanews.com/2016/08/24/pistorius-defense-team-to-argue-enough-is-enough-in-friday-s-appeal-case/
« Last Edit: August 26, 2016, 02:37:33 AM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
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Offline John

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Will it be third time lucky for Judge Masipa after getting it wrong on two previous occasions?


The state will appeal Pistorius' prison sentence on Friday

The State will appeal Oscar Pistorius's six year prison sentence in the South Gauteng High Court in Johannesburg on Friday. It's expected to argue that sentence was disproportionate to the crime of murder. Pistorius was sentenced on July 6 for killing his girlfriend Reeva Steenkamp on Valentine's Day in 2013. The defence will argue that a continuation of the matter will neither be fair nor in the interest of justice.

« Last Edit: August 26, 2016, 02:44:38 AM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
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Offline mercury

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« Last Edit: August 26, 2016, 09:09:52 PM by mercury »

Offline John

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Appeal by the state has been denied by the judge

https://www.theguardian.com/world/2016/aug/26/south-african-prosecutors-attempt-to-appeal-oscar-pistorius-sentence-rejected

Apparently Judge Masipa decided to deny the appeal on the basis that there was no real possibility of successs.  This case just gets more bizarre by the day.  Six years for a life taken?

The state now has 21 days to take its case to the Supreme Court of Appeal.  If they do and win I think Masipa should be disbarred.
« Last Edit: August 27, 2016, 12:26:35 AM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.

Offline mercury

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Masipa has been accused of havng a soft spot for OP
This has been more or less proven
a higher court changed it from culpable homicide to murder
Neither has been proved
Lets see what the supreme court think
robbers get 15 yrs in SA
Why should as Masipa says being a sporting hero whose lost hs fame /career and all his money in defence make any difference at all to hs sentence, they are nit mitigating circumstances to the crime, ,masipa is stupid sounding
« Last Edit: August 27, 2016, 12:48:54 AM by mercury »

Offline Angelo222

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Masipa has been accused of havng a soft spot for OP
This has been more or less proven
a higher court changed it from culpable homicide to murder
Neither has been proved
Lets see what the supreme court think
robbers get 15 yrs in SA
Why should as Masipa says being a sporting hero whose lost hs fame /career and all his money in defence make any difference at all to hs sentence, they are nit mitigating circumstances to the crime, ,masipa is stupid sounding

What sort of an example does that set in SA now?
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Offline mercury

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Its a fact of life worldwide, white and/or rich and/or famous = low or no sentence and/or not guilty


Offline Angelo222

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Re: South African prosecutors to appeal against Oscar Pistorius' 6-year sentence
« Reply #11 on: September 29, 2016, 11:41:11 AM »
State prosecutor Gerrie Nel had argued that Judge Masipa had shown too much “maudlin sympathy” for the Paralympic athlete’s disability and anxiety disorder when she waived the 15 year-minimum convicted murders are meant to serve in prison under the law.

But Pistorius’s lawyer Barry Roux said his client had suffered enough following the shooting of Reeva Steenkamp, having already served a year in prison and further time on parole for her manslaughter, a conviction that was replaced on appeal by murder.



I agree with Gerrie Nel, Masipa has gone soft on Pistorius.  As for Barry Roux, his comment that the killer had suffered enough was pathetic. Stumpy should rot in jail for 20 years for what he did...no excuses!!
« Last Edit: September 29, 2016, 11:55:47 AM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Offline mercury

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Re: South African prosecutors to appeal against Oscar Pistorius' 6-year sentence.
« Reply #12 on: September 30, 2016, 01:43:43 AM »
Youre harsh sometimes angelo, but i agree he wasnt convincing, i dont remember him repeating over and over he didnt know it was her

It doesnt help though when scumbag lawyers are appointed which roux was, to the extreme

As for masipa, i reckonherhand was forced