Previous sentence played role in Oscar’s six-year sentence – law expert

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Previous sentence played role in Oscar’s six-year sentence – law expert
Photo: Twitter

Factors from Oscar Pistorius’s previous sentence for culpable homicide played a role in him receiving six years in prison for the murder of Reeva Steenkamp in February 2013.

Judgment was handed down by High Court judge, Thokozile Masipa, in the North Gauteng High Court this morning.

During her sentencing, Masipa said a long prison term would not serve justice, as the former paralympian is a first-time offender and is unlikely to re-offend.

Director at the University of the Free State’s (UFS) Law Clinic, Inez Bezuidenhout, says if one looks at the sentence, it is clear the court found substantial and compelling evidence to deviate from the prescribed minimum sentence of 15 years for murder without premeditation.

Bezuidenhout says because it was a new sentencing, Masipa had to retake and reconsider the evidence, before passing judgment upon Pistorius again this time around.

“We must remember that it’s more than merely mitigating circumstances. The accused did show some form of remorse, although he did not testify, but that was argument provided on his behalf and then he had already served a sentence. However, given the seriousness of the offence, the court deviated from the prescribed sentence of 15 years and sentenced him to direct imprisonment,” she said.

Moeketsi Mogotsi/Courant

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