Tuesday, October 21, 2014

ANALYSIS OF SENTENCING - Oscar Pistorius Sentenced To 5 Years In Prison For Killing Reeva Steenkamp


Reuters

South African Paralympic athlete Oscar Pistorius has been sentenced to five years in prison for the negligent killing of his girlfriend Reeva Steenkamp on Valentine's Day 2013.

"Count one, culpable homicide, the sentence imposed is five years," said Judge Thokozile Masipa, who read out the sentence at the Pretoria High Court on Tuesday. Pistorius was also given a three-year suspended sentence on a separate gun charge, Reuters reports.

Pistorius, who had vomited and wept at times during the trial, stood stock-still in the dock as he was sentenced, veins bulging in his forehead and his jaw muscles clenched.

 At the culmination of one of the most watched murder trials in recent history, the 27-year-old disabled sprinter was escorted out by police officers to holding cells beneath the courtroom in Pretoria.

Pistorius wiped his eyes as Judge Thokozile Masipa handed down the prison sentence for culpable homicide. There was no immediate reaction from members of his family, or from the relatives of Steenkamp, a 29-year-old law graduate and model. The Steenkamp family lawyer, however, has reportedly said the five year jail term was the right sentence for Pistorius.

Masipa said she wanted to find a balance between retribution, deterrence and rehabilitation, dismissing defence claims that the disabled athlete would face particular suffering in prison. "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," said Masipa. 

She also weighed his ability to cope with incarceration given his physical disability. "Yes the accused is vulnerable, but he also has excellent coping skills," she said.

Discussing the gravity of Pistorius's crime, the judge said he had been responsible of "gross negligence". "Using a lethal weapon, a loaded firearm, the accused fired not one, but four shots into the door," said Masipa. "The toilet was a small cubicle and there was no room for escape for the person behind the door."

Reeva Steenkamp died almost instantly when Pistorius fired four shots through a bathroom door at his luxury Pretoria home on Valentine's Day last year, having mistaken her for an intruder.

The athlete, known as 'Blade Runner' because of his carbon-fibre prosthetics, became one of the biggest names in world athletics at the London 2012 Olympics when he reached the semifinals of the 400m against able-bodied athletes.

Earlier on Tuesday, Pistorius arrived at the Pretoria High Court for his sentence, which would close one of the most sensational trials in South African history and one that may yet fuel controversy about race and money in its justice system.

The Olympic and Paralympic sprinter, who was convicted of culpable homicide last month for shooting 29-year-old model Reeva Steenkamp on Valentine's Day 2013, was escorted by armed police into court, past a scrum of reporters.

Dressed in a dark suit with a white shirt and black tie, the stony-faced 27-year-old stared straight ahead as he made his way through the melee. He made no comment to reporters before hugging his lawyer, Barry Roux, inside the courtroom.

Pistorius' uncle, Arnold, who has been the family patriarch throughout a 7-month trial that has made legal history as the first to be broadcast live throughout, struck a calm, assured tone. "I never get nervous," he told reporters.

In her September 12 verdict, Judge Thokozile Masipa - only the second black woman to rise to South Africa's bench - cleared Pistorius of murder, saying the state had failed to prove his intent to kill when he fired four rounds through the door of a toilet cubicle.

Pistorius said he fired in the mistaken belief an intruder was lurking behind the door at his luxury Pretoria home, a defence that struck a chord with many in crime-ridden South Africa.

However, Masipa ruled the killing was legally negligent and convicted him for culpable homicide, South Africa's equivalent of manslaughter which can still carry up to 15 years behind bars.

State prosecutor Gerrie Nel said at the sentencing hearing last week that 10 years imprisonment was necessary to satisfy a public that could lose their faith in the justice system if Pistorius received a non-custodial sentence.

Outside the courthouse in the heart of the capital, members of the public mingled with reporters, some in support of Pistorius, others against him.

One man, Golden Miles Bhudu, stood on the pavement in orange prison clothes and wrapped in chains, holding signs questioning the notion of equality before the law and ridiculing Pistorius for his crying and retching during the trial. "Why are certain offenders more equal than others before the law?" Bhudu's sign said. "He screams like a girl, he cries like a baby but he shoots like a soldier."

Defence lawyer Barry Roux argued the double-amputee sprinter should be given community service because his sorrow and regret at killing the woman he loved was the worst punishment of all.

He also said Pistorius, whose lower legs were amputated as a baby, would face particular difficulties in prison.
The sprinter, known as 'Blade Runner' because of the carbon-fibre prosthetics he made famous at the London 2012 Olympics, could also be given a suspended sentence or house arrest.

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