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26 Aug 2016
Bid to appeal Oscar Pistorius's 6-year sentence rejected
Judge Thokozile Masipa on Friday rejected the State's bid for leave to appeal the six-year jail sentence for murder she imposed on Oscar Pistorius.
"I am not persuaded that there are reasonable prospects of success for an appeal. The application for leave to appeal against the sentence is dismissed with costs," she said in the High Court in Johannesburg.
Barry Roux, for Pistorius, had earlier argued that the State was merely dragging out legal processes and subjecting the former Paralympian to continued uncertainty. "What does the State want? 10 years? What is the practical effect of that?"
26 Aug 2016
Nel wants fresh sentencing, says it was shockingly inappropriate, court should have started at 15 year minimum sentence.
Judge Masipa adjourns court until 11:45.
26 Aug 2016
Roux: Eight years is not shockingly inappropriate or lenient. Judge should dismiss the application and this should be the end of the judicial process.
"It has been exhausting beyond the point of exhaustion".
26 Aug 2016
The State is unnecessarily prolonging the legal process and subjecting Pistorius to continued uncertainty, says Roux.
Earlier, he tells Judge Masipa that the sentencing judgment "made me proud of the judiciary".
26 Aug 2016
26 Aug 2016
26 Aug 2016
26 Aug 2016
Nel: SCA rejected defence that OP acted in self defence - there existed no justification for respondent's actions.
Respondent fired 4 shots through the door, never offered an acceptable explanation for having done so.
26 Aug 2016
26 Aug 2016
26 Aug 2016
Appeal against Oscar's 'lenient' sentence without merit - defence
Oscar Pistorius’ defence team says that the State’s decision to appeal his murder sentence is without merit.
According to the defence, the State’s application is not only without merit, but is "also exposed to be inappropriate".
He was initially convicted of culpable homicide and received a five-year sentence, but the Supreme Court of Appeal last year ruled that the conviction should be murder and that he should be re-sentenced.
Judge Thokozila Masipa then sentenced him to six years in jail. The defence said the State’s appeal was an insult to Masipa’s judgment and that it had ignored all the circumstances considered during Pistorius’s trial.
26 Aug 2016
State to challenge Pistorius's 6-year jail term
The State will on Friday again challenge a ruling by Judge Thokozile Masipa against convicted murderer Oscar Pistorius.
It would ask for leave to appeal against the six-year jail term she sentenced him to on July 6.
The hearing would take place in the High Court in Johannesburg, National Prosecuting Authority spokesperson Luvuyo Mfaku said.
“We respectfully submit that our courts are enjoined to severely punish accused persons who shoot and kill without reason,” prosecutor Gerrie Nel said in his application for leave to appeal.
While the former paralympic athlete had expressed “some regret”, he had still not offered a credible explanation for firing the four shots that killed his girlfriend Reeva Steenkamp.
This would be the State’s second challenge of a ruling by Masipa. It first challenged her finding that Pistorius was guilty of culpable homicide.
In October 2014, Masipa sentenced Pistorius to five years behind bars for culpable homicide.
On December 3 last year, the Supreme Court of Appeal ruled that it agreed with the State. It overturned Masipa’s verdict, replaced it with one of murder, and instructed Masipa to sentence Pistorius afresh.
Nel said Masipa should have taken as her starting point the prescribed minimum sentences when deciding on a jail term for Pistorius. The minimum sentence for murder is 15 years.
The defence said the State’s appeal was an insult to Masipa’s judgment and it ignored the circumstances considered during Pistorius’s trial.
In the early hours of February 14, 2013, Pistorius shot Steenkamp four times through the locked door of the toilet in his Silver Woods Country Estate home. He claimed he thought there was an intruder behind the door about to emerge and harm him, and that Reeva was still in bed.