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Watch: Oscar Pistorius murder sentencing
Wonder who this witness. Maybe Reeva's mom or Oscar himself!
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The sentence will likely be handed down on Friday.
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Live text and image updates -> http://www.news24.com/SouthAfrica/News/l...g-20160615
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If I understand this correctly he was found guilty of murder – a crime that carries a minimum sentence of 15 years. So no matter how this goes he WILL go to jail for a minimum of 15 years?
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Barry saying he is now drawing the line no more careful sensitivity. Going to get excited now!
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Nel: "What I want to just pause at my lady, in the Rabie judgment, I will quote from my notes.

"The element of mercy has nothing in common with sympathy with the accused. It would be wrong first to derive a sentence because of relevant factors, and then reduce it for mercy's sake.

"If the court arrives at 15 years as a minimum, the court can't then decide, okay now I will apply mercy.

"The consideration of mercy must not justify or seem to minimise, or condone serious crime.

"Once again, we refer to Rabie, the court found a judicial officer should not find a punishment in the spirit of anger. Nor should he strive after severity, nor on the other hand to a misplaced pity.

"Pity should play no role, my lady."
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Since it's just me interested in this Oscar business I will now post at will Tongue

Nel: "My lady, what the court has heard, is the accused elected to give an interview on TV, but not testify in court.

"That's disrespectful to the court, and disrespectful to the victims."

"'I've caused a death', is not the same as 'I murdered her'," Nel says.

"We can't have true remorse without acknowledgment."

Nel citing legislation that says rehabilitation is made more difficult without a showing of remorse.

"Also, acceptance of the verdict is also not remorse," Nel says.

"Until the accused tells the court why he did it, his regret can't be taken as genuine remorse.

"What motivated him? We don't know.

"The court made a finding, but not on what he said. The court rejected his evidence. So did the SCA.

"The reason he accepted it is simply, 'I just have to'. He didn't have a choice."

Nel referring to the Constitutional Court refusing Pistorius's appeal.

Nel: "Any person who had just killed someone, would feel sorry.

"Having killed Reeva, I'm sure he thought 'why did I do it?'

"But real remorse would be taking himself into the court's confidence, and telling us why he did it; why he fired the shots.

"He did not do that."

Nel: "My lady, the court has heard the victims. And their rights should get the same weight as the other three factors.

"There is a chasm between regrets and remorse. Many accused people might feel regret over their conduct. Remorse is the conscious acknowledgment of your actions on another."

Nel reminds the court of Kim Martin, Reeva's cousin's testimony, how she heard of the killing on the radio, how she drove back home to find her mother sobbing.

He speaks about Barry Steenkamp's testimony, about how he received a phone call on the day.

"No parent deserves to get that phone call. 'It was chaos, it was chaos', he said. 'I just wanted to see my brother'."

"Justice must still be displayed despite forgiveness.

"Forgiveness has to do with forgiving, not the crime."

Nel: "In this particular instance, we can't ask the victim to tell us how she suffered. But we have victims. Victims who are suffering, victims who are grieving."

Nel mentions another case where a woman was repeatedly raped by her stepfather. In that instance, the woman forgave her stepfather, but that doesn't affect the court's decision. The court must still carry through with justice.

Nel: "My lady, the victims in a matter like this, must be the mother and the father of the deceased, and they have certain rights.

"It's respectfully submitted that the traditional aims of punishment is that the victim must be afforded a more prominent role, and sentencing must be victim-sentenced.

"The victim provides the court with the physical and psychological harm. By giving the victim a voice, the court will have the opportunity to truly realise the wrong done.

"My lady, we had a victim here [Barry Steenkamp] that broke down yesterday. He will never see her again. He talks to her everyday. He's almost become a recluse.

"He has done nothing wrong. Reeva did nothing wrong. But this accused [Oscar] murdered her."

Nel: "It's the duty of the court, not to follow public opinion, but to lead public opinion.

"It remains the court's duty to sentence fearlessly, even if the sentence doesn't satisfy the public.

"In Mr Steenkamp's evidence yesterday, he would want people to see what injuries this accused caused to his daughter, so that other people won't act as this accused did.

"A sentence from this court must deter people from arming themselves in a bedroom, walking to a bathroom, firing four shots, when he is not in danger."
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Nel now dealing with psychologist Jonathan Scholtz's report about Oscar.

"Professor Scholtz's evidence bothers me, especially his sweeping statement about incarceration."

"All Mr Steenkamp asked is that Mr Pistorius must pay. That's it. he didn't say forever, or to send him away forever.

"He just wants him to pay. That's not anger."

Nel now referencing Barry Roux's heads of argument.

"Mr Roux said the accused punishes himself every day, and will punish himself more than a court ever could.

"But I don't know how, my lady. How does he punish himself?

"What we do know, is how Mr Barry Steenkamp punishes himself. Every day. We heard it here in court. That is a broken man."

Nel referencing Steenkamp's admission that he sticks his diabetes needle in his arm, and stomach to see if he can feel the pain that his daughter felt the night she died.

Nel referring once again to case law to hammer home his point.

This must be his fifth example, stating the same thing: that the minimum of 15 years ought to be imposed.

"We submit to the court that the court accepted the evidence, that she was standing facing the deceased. His evidence is, when the accused fired the shots, Reeva was standing in front of the door.

"The court has taken into account that Reeva had no where to go. The accused was convicted of murder my lady. He intentionally killed the decease.

"Although he may have thought it was an intruder, this court found that he was guilty of murder."
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Court adjourns rather abruptly.

Nel did not exactly finish his final heads of argument completely. But he got his main points across for the most part.

Judge Masipa has not ruled on whether to release graphic crime scene photos of Reeva Steenkamp's dead body. She will announce that a later date.

Sentencing proceedings resume for the final day on Friday, with a break for Youth Day tomorrow.
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So no Oscar Pistorius June 17 today it seems.
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Back on the 6th for sentencing
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Oscar Pistorius to be sentenced for murder

Quote:Pretoria – Oscar Pistorius is expected to hear his sentence for murdering Reeva Steenkamp when he appears in the High Court in Pretoria on Wednesday.
His disability and the year he has already spent in jail would be among the factors Judge Thokozile Masipa could use to justify deviating from the minimum of 15 years for murder, a lawyer not involved in the case said on Tuesday.
"My gut feeling is that he'll get 10 years," advocate Marius du Toit said.
On December 3 last year, the Supreme Court of Appeal ordered that the former paralympic athlete be sentenced afresh, after it overturned Masipa's finding that he was guilty of culpable homicide. It replaced her verdict with one of murder.

During sentencing proceedings in June, prosecutor Gerrie Nel asked Masipa to send Pistorius to jail for a minimum of 15 years as he intentionally killed Steenkamp.
He said Pistorius had still not shown remorse for murdering the model and law graduate on February 14, 2013. He had failed to take the court into his confidence and reveal his reasons for firing the four shots that killed her. Instead he gave an interview to broadcaster ITV. Nel said this was disrespectful to the court and to the Steenkamps.
Barry Roux, for Pistorius, said he was a vulnerable man with an anxiety disorder, and was 1.50m tall on his stumps. Pistorius confronted what he believed was an intruder hiding in his bathroom, in the dark, at 03:00 that day in February, Roux said on June 15. He was still portrayed as a gold-medal winner; a strong, ambitions man who was 1.84m tall. "That perception perfectly attaches to the I-wanted-to-kill theory."
Masipa also ruled that six photos of Steenkamp taken at the scene of the crime could be published. Nel made the request, following Barry Steenkamp's testimony that he wanted the world to see what Pistorius did to his daughter. He said he hoped it would prevent similar crimes.

Source: News24
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Oscar sentence for 6 years! WTF the SA justice system is a joke.
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Every single murder case from here on forward in SA will use this case to get a lesser sentence. Masipa fcked up once again.
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