The paralympic star was sentenced to six years when the lesser sentence for culpable homicide was overturned by the Appeal Court in July 2016 and replaced by murder.

The state’s case will be argued by Andrea Johnson. She  was the assistant to Gerrie Nel who became a household name for his aggressive  prosecution of Oscar Pistorius.

Nel, who now works for a right wing pressure group used the phrase “shockingly low” for the five year sentence handed down when Pistorius was found guilty of the South African equivalent of manslaughter.

Nel was still with the prosecution service when the Appeal Court found Pistorius guilty of murder and ordered the trial judge Thokozile Masipa to re-sentence him.

He baulked at the judge sending Pistorius down for six years.

Johnson will argue that the minimum sentence  for murder in South Africa is 15 years.

Defence counsel will argue that Masipa correctly found substantial and compelling circumstances justifying her handing Pistorius a lesser sentence.

Pistorius will not be court today. He’s in a special prison in Pretoria accommodating his physically disability. He has no legs below the knees .

The appeal judges will hand down their ruling at a later date.

The post Prosecution wants longer jail sentence for Pistorius appeared first on Jean-Jacques Cornish.

The State  believes the sentence is an injustice and has the potential to bring the administration of justice into disrepute.

ends intro

On July 6, Judge Thokozile Masipa handed the 29-year-old Paralympic gold athlete  a six-year sentence for the murder of Reeva Steenkamp on Valentine’s Day 2013.

The prescribed minimum custodial sentence for murder is 15 years under South African law,

However  Masipa determined Oscar Pistorius should receive a shorter jail term because of mitigating factors such as his rehabilitation

In her sentencing remarks, she referred to Pistorius as a fallen hero who believed an intruder was behind the door. There was not a shred of evidence he’s knowingly fired at his  model and law graduate, lover

Pistorius’ defence team confirmed the athlete nicknamed blade runner would not appeal his sentence.

His sister Aimee thanked the judge in an interview shortly after he was returned to prison and said she was grateful for setting out her belief that  Steenkamp’s killing was not an act of gender-based violence.

The post State to appeal Pistorius’s “shockingly lenient” sentence appeared first on Jean-Jacques Cornish.

Dr Jonathon Scholtz tells a sentencing hearing in the Pretoria High Court that Pistorius should be hospitalised not returned to prison as is expected after his manslaughter conviction was upgraded to murder.

ends intro

The sentencing hearing for South Africa’s disgraced golden boy is set down to last until Friday.

Judge Thokozile Masipa, who’s manslaughter conviction was overturned by the Appeal Court who found Oscar Pistorius guilty of murder, is once again on the bench.

She has to impose the harsher sentence on the accused, who insists he fired the fatal shots that killed Reeva Steenkamp through the bathroom door of his apartment believing there was an  intruder.

South Africa’s criminal law lays down a mandatory 15 year sentence for murder.

1. Masipa may reduce this if there are extraordinary circumstances. She may also take into account that Pistorius has served a year in prison of  the five-year sentence she originally laid down.

Psychiatrist Jonathon Scholtz reported during the original trial that there were two Oscars – the Olympic hero with his prosthesis and the insecure frightened boy on his stumps.

Now he says there’s a third Pistorius  who’s too broken-sprited to give evidence in mitigation of his sentence.

He’s suffering deep anxiety, paranoia and post traumatic stress.

He should be hospitalized not incarcerated.

The post Psychiatrist testifies Pistorius should be hospitalized not jailed appeared first on Jean-Jacques Cornish.

Her parents have issued a statement through their lawyer saying they’ve forgiven Pistorius but ít sends the wrong message to allow him to leave jail so soon to complete his five year sentence under house arrest.

South African correctional services officials, who saw parole officers last week, recommended that Oscar Pistorius be allowed to complete his sentence under correctional supervision.

This would have him serve the remainder of his five-year sentence, without the chance of parole, under house arrest.

It means he would not be able to leave the home determined by the court and parole officers could check on him at any time.

The announcement eclipsed all other news items in South Africa where public opinion has moved sharply against the double amputee who claims he killed Reeva Steenkamp on Valentine’s Day in 2013 believing she was an intruder.

His release from prison could be as early as August 21, two days after what would have been Reeva’s birthday.

It is also three months before the appeal by the prosecution comes to court.

They’re seeking to have Pistorius found guilty of murder.

It this succeeds, he could find himself behind bars for a longer sentence.

The post Pistorius could leave jail by August appeared first on Jean-Jacques Cornish.

After a week of hearing sentencing testimony, the judge will take at least a few more days to hand down her decision.

Prosecutor Gerrie Nel’s pressing for a 15 year custodial sentence for the man found guilty of culpable homicide. He produces the acting head of South Africa’s prison services Zach Modise.

The chief warder says South African prisons are perfectly capable of accommodating someone like Pistorius, who is a double amputee.

Defence counsel Barry Roux extracts an undertaking from Modise that, if jailed, Pistorius will be housed in the prison hospital.

Steenkamp’s cousin Kim Martin testifies that Reeva’s death has destroyed her family.

She says they’re not seeking revenge but Pistorius should be made to pay for negligently shooting Steenkamp.

The headlines are grabbed by events in the public gallery.

Self-confessed killer Mikey Schulz sits in seats reserved for the Pistorius family.

When asked to leave he mouths an obscenity at the accused’s sister Aimee before being escorted out by police.

Schulz, who’s supporting a friend who might have been called to testify about a barroom argument with Pistorius, denies this saying Aimee is a liar like her brother.

The post Oscar sentencing testimony wraps up appeared first on Jean-Jacques Cornish.

He’s being evaluated by a team of psychologists and psychiatrists to determine if he had a mental disorder when he shot dead is lover Reeva Steenkamp on Valentine’s Day last year.

To hide from the  media swarming outside the Weskoppies Psychiatric hospital, Oscar Pistorius arrives in a vehicle with smoked glass windows.

There’s criticism of his being treated as an outpatient.

Some experts say 24-hour observation would allow nursing staff to get additional insights into a patient’s mental state that complement formal questioning and other tests during the day.

Judge Thokkozile Masipa asked for this be arranged because she doesn’t want to the evaluation to be punitive.

The accused arrives at nine am and may leave at four pm.

He has weekends off.

Masipa’s asked the hospital to determine if Pistorius had a mental disorder at the time of the shooting, which could affect whether he should be held criminally responsible.

Her instruction follows a psychiatrist’s testimony that Pistorius has an anxiety disorder that could have contributed to his shooting Steenkamp.

She was responding to a prosecution request for an independent inquiry, based on concern the defence would argue Pistorius was not guilty because of mental illness.

The post Oscar Pistorius begins psychiatric evaluation appeared first on Jean-Jacques Cornish.

The judge in the case will rule today on a prosecution application for the process following evidence by a psychiatrist for the defence that Pistorius suffers from generalised anxiety disorder.

Defence counsel for Oscar Pistorius,  Barry Roux argues that in seeking an examination, the state is merely trying to get a psychiatric opinion that it did not produce during the prosecution evidence.

Prosecutor Gerrie Nel counters that the court does not have discretion in the matter and that Judge Thokozile Masipa is obliged to grant his application.

If Masipa does this, Pistorius will face 30 days in an institution being observed around the clock by specialist nurses and social workers and examined by psychiatrists appointed by both the state and the defence.

Their finding wouldn’t impact on the court’s ability to convict Pistorius who is not claiming diminished responsibility in the shooting of his lover Reeva Steenkamp at his home on Valentine’s Day last year.

He maintains he fired into the bathroom where she was believing she was an intruder.

If an examination finds no anxiety disorder, Pistorius’ defence that he acted out of fear would be severely compromised.

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