farawaysaint Posted 3 December, 2015 Posted 3 December, 2015 Right decision this time. http://www.theguardian.com/world/live/2015/dec/03/oscar-pistorius-appeal-court-guilty-murder-reeva-steenkamp-live
sadoldgit Posted 3 December, 2015 Posted 3 December, 2015 Absolutely. Hopefully her family can find some kind of closure now but the initial verdict was odd to say the least.
Whitey Grandad Posted 3 December, 2015 Posted 3 December, 2015 Let's hope justice will be done. You can't go shooting a load of bullets through a door knowing that there's a person on the other side without having some desire to kill them. He has to take responsibility for his actions.
igsey Posted 3 December, 2015 Posted 3 December, 2015 Minimum 15 years in prison is it not? Good. First ruling was a joke.
farawaysaint Posted 3 December, 2015 Author Posted 3 December, 2015 Minimum 15 years in prison is it not? Good. First ruling was a joke. Yes and no, that's the minimum sentence which can be reduced in exceptional circumstances. He qualifies for parole after 3 years anyway I think as you can be paroled after serving 20% of your sentence?
sadoldgit Posted 3 December, 2015 Posted 3 December, 2015 Hopefully the fact that he has now been found guilty of murder will make early parole less likely.
Shroppie Posted 3 December, 2015 Posted 3 December, 2015 But the sentence will be decided by the original judge who seems strangely sympathetic, so she could consider there to e exceptional circumstances and reduce it. Sent from my D6503 using Tapatalk
sadoldgit Posted 3 December, 2015 Posted 3 December, 2015 But the sentence will be decided by the original judge who seems strangely sympathetic, so she could consider there to e exceptional circumstances and reduce it. Sent from my D6503 using Tapatalk This seems strange. Having c*cked up once they give her the chance to do it again?
Shroppie Posted 3 December, 2015 Posted 3 December, 2015 This seems strange. Having c*cked up once they give her the chance to do it again? Agreed, but apparently the alternative would be to try the whole case again with a new judge. The argument is that she has heard the evidence so she decides the sentence now it's been ruled that he was guilty of murder. Would assume that there is an appeal process if she hands down too lenient (or too long) a term. Don't know why the decision to change the verdict to murder couldn't be accompanied by a changed sentence too. Sent from my D6503 using Tapatalk
sadoldgit Posted 4 December, 2015 Posted 4 December, 2015 Agreed, but apparently the alternative would be to try the whole case again with a new judge. The argument is that she has heard the evidence so she decides the sentence now it's been ruled that he was guilty of murder. Would assume that there is an appeal process if she hands down too lenient (or too long) a term. Don't know why the decision to change the verdict to murder couldn't be accompanied by a changed sentence too. Sent from my D6503 using Tapatalk That was my thinking too. For a senior judge she made a very large error in her handling of the case and if I was running their judicial system I wouldn't have a great deal of confidence in her sentencing. Still, the main thing is that the right verdict has finally been reached and he as got no get outs now. He is a convicted murderer.
farawaysaint Posted 4 December, 2015 Author Posted 4 December, 2015 (edited) That was my thinking too. For a senior judge she made a very large error in her handling of the case and if I was running their judicial system I wouldn't have a great deal of confidence in her sentencing. Still, the main thing is that the right verdict has finally been reached and he as got no get outs now. He is a convicted murderer. The Supreme Court of Appeals didn't so much consider it an error as they disagreed with her on the application of the law (a ruling which will now be binding on all high courts as SCA rulings bind all lesser courts). The two major points of contention were the principle of "dolus eventualis" (a form of intent in South African Law where the accused foresees the possibility of an unlawful result due to his conduct, but nonetheless persists in such conduct, reconciling himself or herself to the result in question) and Oscar's right to defend himself. The SCA found that a noise behind a door did not present a clear and present danger to his life and hence self defence could not apply and dolus eventualis applied regardless of whether Reeva or a robber was behind the door. The judge's initial ruling agreed with Oscar that he did not know who was behind the door and she therefore deemed he had not reconciled him to the consequences of his actions (killing Reeva). The SCA argued that he had reconciled himself to the possibility of killing someone and therefore the identity of the individual did not matter. The SCA further stated that their ruling in no way undermined their opinion of the legal capability of the judge and I suspect the verdict has been given to her largely to underscore this point. Edited 4 December, 2015 by farawaysaint
hutch Posted 4 December, 2015 Posted 4 December, 2015 The old adage remains true in SA that if you do shoot somebody, make sure the body has a kitchen knife in it's hand before the police arrive.
SaffaSaint Posted 4 December, 2015 Posted 4 December, 2015 Thats what i love about sa. Like living on a frontier Sent from my GT-S5301 using Tapatalk
farawaysaint Posted 4 December, 2015 Author Posted 4 December, 2015 Thats what i love about sa. Like living on a frontier Sent from my GT-S5301 using Tapatalk It's great mate, don't judge
hutch Posted 4 December, 2015 Posted 4 December, 2015 I was quoting the advice given to me by the SAPS 20 years ago the first time I called them out to report an attempted break in.
Lighthouse Posted 24 November, 2023 Posted 24 November, 2023 Getting let out in January, nearly spat my tea out when the radio said this all happened nearly 11 years ago. Could have sworn it was about 5.
sadoldgit Posted 24 November, 2023 Posted 24 November, 2023 6 hours ago, Lighthouse said: Getting let out in January, nearly spat my tea out when the radio said this all happened nearly 11 years ago. Could have sworn it was about 5. Me too. He should have been given a life sentence. Apparently as part of his parole conditions he has to have anger management counselling. Presumable that is to try and help prevent him emptying a gun through a locked door into his next girlfriend.
whelk Posted 24 November, 2023 Posted 24 November, 2023 Never understand sentencing. 8 years for this cunt who randomly break into home and rapes and chokes whoever is there. Fucked that poor woman’s life up permanently I’m sure. https://news.sky.com/story/aberdeen-rapist-kyle-allan-jailed-after-subjecting-woman-to-night-of-terror-13014934
Fan The Flames Posted 25 November, 2023 Posted 25 November, 2023 11 hours ago, whelk said: Never understand sentencing. 8 years for this cunt who randomly break into home and rapes and chokes whoever is there. Fucked that poor woman’s life up permanently I’m sure. https://news.sky.com/story/aberdeen-rapist-kyle-allan-jailed-after-subjecting-woman-to-night-of-terror-13014934 8 years seems far too short, considering he'll be out in 4.
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