So he can be sentenced to a sentence from probation/fines to a 15 year prison sentence. Does anyone know how long on average a person serves with a 15 year prison sentence in South Africa (in the U.S. it is usually vastly less with good time credits, parole…).
Can someone explain the acquittal for the illegal ammunition charge? He apparently had it in a safe, and it wasn’t licensed, but the judge said “the State failed to prove that [Pistorius] had necessary intention to possess ammunition.” Pistorius claimed it belonged to his father, and the father refused to sign a statement confirming it was his— and the judge said that somehow this hurt the state’s case? If anything, wouldn’t that suggest that Pistorius was lying?
And why would it make any difference whether it was his father’s or not? I’m quite sure that here, if cops find a kilo of heroin in my safe, telling them I’m hanging onto it for a friend isn’t going to help me any. How do possession charges work in South Africa?
US Courts usually take convicted felons into custody immediately after the verdict. I’m surprised Pistorius left the court without chains and went home. Amazing.
I’m just looking forward to not having to see this guy constantly boobing on the evening news.
IMO, the verdict was fair enough, provided he has to serve some jail time. I mean, even if you buy his story hook, line and sinker, he has some culpability for being so freaking reckless.
I thought it was interesting that the judge discounted the neighbors’ testimony that they heard them arguing beforehand because of the timeline.
yes its been such an expensive trial, the judge may have been swayed by the risk of facing an appeal and retrial… so the minimum charge and then the maximum sentence… maybe.
He didn’t know for sure he was murdering the intruder, so its a “wreckless homocide”… of the most severe category, he shot 4 times with a 99.9% chance of killing.
There was no car accident so it certainly was wreckless.
Now we let OJ go scot free, among other celebrities who have avoided convictions even when there was plenty of evidence. Even cases where the crime makes the accused a celebrity can end up in an acquittal here in the US. When the public is watching, watching way too much, obsessively, then the conviction rate goes down. It isn’t always a bad thing, sometimes it means juries and the justice system are adhering to the law instead of presupposing guilt. But as a country we’re in no position to criticize. As me, and not the whole country, I’m somewhat disgusted.
The judge cited prior case law that suggests that the possession of ammunition must have malicious intent.
So if you, for example, inherit your father’s weapon and some ammo on his death, and you put it in a safe while you apply for a license for that firearm, you are not legally liable for the possession.
On the other hand, if you have the ammunition with the intent to rob a bank, you are in the dwang. Makes the prosecutors task quite a lot harder.
So in Pistorius’s case, apparently several people had access to that safe. His father may have stowed the ammo in there without Pistorius’s knowledge; hence, no “intention to possess”.
She’s facing a lot of criticism from the general public. But she is getting a huge amount of support (albeit, less shrill) from the legal fraternity here. The general opinion is that she ruled correctly given the evidence - albeit with some minor dissent.
The consensus is that the prosecution erred by trying to prove premeditated murder based on Pistorius and Steenkamp having had an argument - they focused on the idea that he knew he was killing her, and being circumstantial, failed.
They should have focused on the 4 shots through the door showing a desire to kill ANYONE who was behind the door and left off the fact she was in a slightly stormy relationship with him.
Anyway. Such is life. I’d prefer to see him go down for murder (as an untrained not-a-lawyer observer) but he’s probably going to get around 5 to 10, with the negligent firearm charge either a fine or a sentence running concurrently.
The law will be served, but I don’t think justice has.
I doubt it. OP won’t spend a day in jail. The maximum sentence for culpable homicide here is 15 years but custodial sentences for culpable homicide are increasingly uncommon. A combination of a fine and house arrest is most likely.
I may be wrong. Hope I am.
It looks like 10 months of actual prison time–I am disappointed it was not at least 10 years of prison:
He just lost the appeal: Oscar Pistorius conviction upgraded to murder – as it happened | Reeva Steenkamp shooting | The Guardian
That places him guilty of murder and facing 15 years. And an inevitable appeal process.
He deserves it. Shoulda been life.
And the thread gets bumped after a year. I guess the story had legs.
Regards,
Shodan
Thanks, now I get to go to hell with you!
Because I laughed.
It surprises me that an appeals court has the power to impose a different resolution, as opposed to just vacating a previous resolution and sending back for a different attempt.
Is there another level of appeals beyond this? Could a higher appeals court come in and say, “Nope. This was right the first time.”
DELETED.
Bad joke.
N/M
The Supreme Court of Appeal (SCA) overturned his conviction for culpable homicide and substituted with a murder conviction, It has been referred back to the High Court for resentencing. This is not infrequent here
It depends.
if Pistorius’ counsel can find a constitutional issue somehow, they can appeal to the Constitutional Court. In all non-constitutional matters the SCA is the highest court.
Pistorius can appeal any new sentence imposed.
Interesting, thanks.