Pistorious is not guilty of murder

[garbon]

http://www.bbc.com/news/world-africa-29700457

Oscar Pistorius given five years for Reeva Steenkamp death

South African athlete Oscar Pistorius has been given five years in jail for killing his girlfriend Reeva Steenkamp.

Judge Thokozile Masipa also gave Pistorius a three-year suspended sentence for a firearms charge.

The parents of Reeva Steenkamp told the BBC they were happy with the sentence and relieved the case was over. The defence said it expected Pistorius to serve about 10 months in prison.

Pistorius was convicted of culpable homicide but cleared of murder.

Prosecutors had called for a minimum 10-year term, and the defence had argued for community service and house arrest.

'Feeling of unease'
Pistorius showed little reaction to the sentence other than to wipe his eyes before being led away.

Defence lawyer Barry Roux said his client was expected to serve 10 months in prison, with the rest under house arrest.

Dup De Bruyn, a lawyer for the Steenkamp family, told Reuters that "justice was served", although he believed Pistorius would probably serve two years.

Pistorius's uncle, Arnold, said: "We accept the judgment. Oscar will embrace the opportunity to pay back to society."

He appealed to the media to "accept the ruling of court and let us move forward in this process and give us some degree of dignity and privacy".

He said the family would support and guide the athlete as he served his sentence.

The BBC's Nomsa Maseko, outside court, says opinion there was divided on the sentence, with some saying it was too light, others that it was fair.

Pistorius was taken away from court in a police van to Pretoria's Kgosi Mampuru prison. Our correspondent says Pistorius will be evaluated over the next few hours to decide where he will stay based on his disability.

Judge Masipa said she considered her sentence "fair and just, both to society and to the accused".

She said: "A non-custodial sentence would send the wrong message to the community. On the other hand, a long sentence would also not be appropriate either, as it would lack the element of mercy."

Judge Masipa said that nothing she could say or do could bring back Reeva Steenkamp, but "hopefully, this judgment on sentence shall provide some sort of closure for the family".

The judge begun reading her decision by saying there must be a balance between retribution, deterrence and rehabilitation.

In summarising the evidence, she described defence witness and social worker Annette Vergeer as "slapdash and disappointing".

Ms Vergeer had argued Pistorius would be "a lot more vulnerable than the normal man" in jail.

But Judge Masipa said she was sure prisons were equipped to cater for the requirements of a special needs inmate.

She also said she had a "feeling of unease" at what she called an overemphasis on the athlete's vulnerability.

However, she said Pistorius had made an "enormous contribution to society", in his charity work and in changing the public perception of disability.

The judge also said: "It would be a sad day for this country if an impression were to be created that there was one law for the poor and disadvantaged, and another for the rich and famous."

The three-year suspended term was for unlawfully firing a gun in a restaurant, in a separate incident before the Steenkamp killing.

The case may not yet be over, as both prosecution and defence have the right to appeal.

The prosecution service said it had not yet decided and the defence has not yet commented.

The International Paralympic Committee told the BBC it would not allow Pistorius to run at any of its events for five years, even if he were released early.

Pistorius, 27, an amputee sprinter who became the first athlete to compete in the Olympic and Paralympic Games, killed Ms Steenkamp on Valentine's Day last year.

He says he shot her by mistake, fearing there was an intruder in his house in Pretoria.

Ms Steenkamp, a 29-year-old model, reality TV star and law graduate, was hit three times by bullets fired by Pistorius through a toilet door.

[Martinus]

The Onion has provided this helpful cheat sheet:

The Onion's Tips For Not Accidentally Murdering Your Girlfriend



In today's fast-paced world, it seems like just about any guy can accidentally kill his girlfriend at virtually any time. Here are some easy strategies to avoid inadvertently murdering your significant other:

Be sure to avoid firing a gun in the general direction of your girlfriend, regardless of the situation.
Shy away from doing anything that may cause your girlfriend a massive amount of blood loss, such as beating her, stabbing her, or shooting her multiple times.
Consider performing a task that has a low risk of accidentally murdering your girlfriend, like giving her flowers, taking her to dinner, or letting her continue living and breathing.
Remain generally cognizant of the fact that three gunshots to the head and torso will, in most situations, fatally wound a person, and that this fact will, therefore, likely apply to your girlfriend as well.
If there is a locked door in your home and there is even a remote possibility that the person you're currently dating is behind that door and could be immediately killed by the bullets you fire at the door, try not to fire a gun directly at that door.
In general, if there is something that you think might cause your girlfriend to stop living, don't do that thing.

[garbon]

They missed the mark with that piece.

[Martinus]

I would nonetheless take it to the heart.

[garbon]

I'd be more concerned about suddenly having a girlfriend.

[alfred russel]

Shot through the heart, and you're to blame. You give love a bad name.

[DGuller]

They missed the mark with that piece.

That seems par for the course lately.  They're more of an average American cop than Pistorius in that regard.

[Eddie Teach]

Shot through the heart, and you're to blame. You give love a bad name.

[PJL]

I think this is one of those cases where being legless probably helped rather than hindered having a light sentence.

[Legbiter]

I think he should get more than 5 years. He had a row with his girlfriend that got out of hand and he just capped her through the door in the heat of the moment. 

[Eddie Teach]

I think he should get more than 5 years. He had a row with his girlfriend that got out of hand and he just capped her through the door in the heat of the moment. 

If that was proven, the jury would have convicted him of murder. The lesser sentence and lesser charge suggest they felt his story was plausible.

[crazy canuck]

I think he should get more than 5 years. He had a row with his girlfriend that got out of hand and he just capped her through the door in the heat of the moment. 

It is has been a while, but didnt the court decide the prosecution failed to prove the necessary intent to establish that theory?

[garbon]

http://www.bbc.co.uk/news/world-africa-36719561

Oscar Pistorius: Six years for Reeva Steenkamp murder

South African Olympic athlete Oscar Pistorius has been sentenced to six years in prison for the murder of his girlfriend Reeva Steenkamp in 2013.

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

He was taken immediately to jail. Both the prosecution and defence can appeal, but his lawyers say they will not.

Pistorius, 29, shot Reeva Steenkamp four times through a locked toilet door in February 2013.

He admitted shooting her, but said he had mistaken Ms Steenkamp for an intruder and acted out of fear.

Judge Thokozile Masipa said mitigating circumstances, such as rehabilitation and remorse, outweighed aggravating factors, such as his failure to fire a warning shot, for deviating from the prescribed 15-year sentence.

Shock and dismay

Many have expressed shock at Pistorius's sentence, which is much less than the prescribed minimum for murder. South Africans have taken to social media to express their unhappiness, with some describing the prison term as an insult.

Outside court, legal experts said the sentence was too little. "The judge was sympathetic and empathetic to Pistorius. It was clear in the tone of her entire judgement," one said.

But Judge Masipa said she had carefully considered the circumstances around Reeva Steenkamp's death and her sentence needed to be fair to both Pistorius and the family of the deceased.

South Africa has one of the highest murder rates in the world, and some say a short sentence will send the wrong message to would-be-offenders.

Dressed in a dark suit, Pistorius sat and listened to the hour-long session mostly with his head down.

He hugged his sister after the verdict, and was taken to Pretoria's Khosi Mampuru prison.

Ms Steenkamp's parents, Barry and June, sat quietly on the other side of the packed courtroom.

...

[DGuller]

What is the point of sending the sentencing back to the judge that was over-ruled the first time?  Did they expect her to realize the error of her ways this time?

[grumbler]

What is the point of sending the sentencing back to the judge that was over-ruled the first time?  Did they expect her to realize the error of her ways this time?

Agree.  If the Appeals Court was convinced that they knew enough about the case to decide the verdict, they clearly knew enough to pronounce sentence.