On September 12, the Olympic and Paralympic athlete was found guilty of culpable homicide following the fatal shooting of his girlfriend, the model and TV personality Reeva Steenkamp, on February 14, 2013.
© Getty Images / Herman Verwey/Foto24/Gallo Images
Pistorius was cleared of murder - a charge which he had denied - following a six-month trial which attracted considerable media attention both in South Africa and around the world.
He was also found guilty of discharging a firearm at a restaurant by Judge Thokozile Matilda Masipa. For this offence, he was handed a three-year jail sentence, suspended for 5 years, which will run concurrently.
Pistorius had been cleared of two further firearms charges at trial.
Judge Masipa passed sentence earlier on Tuesday morning (October 21), comparing the facts of this case to two other cases while passing sentence and highlighting the sentences handed down in each.
She argued that by comparison, Pistorius's case was "so serious that a suspended sentence would not be appropriate, in my view" - and recognised the need to balance the principles of justice and rehabilitation.
"I am of the view that a non-custodial sentence would send a wrong message to the community," said Judge Masipa. "On the other hand, a long sentence would not be appropriate either, as it would lack the element of mercy."
During a week of hearings, the prosecution had called for a minimum 10-year custodial sentence, while Pistorius's defence lawyers put forward an argument for house arrest and community service.
At court in Pretoria today, Judge Masipa noted that despite Pistorius's vulnerabilities, he had achieved sporting excellence on a global scale prior to Steenkamp's killing.
"Yes, the accused is vulnerable, but he also has excellent coping skills. Thanks to his mother, he rarely saw himself as disabled and excelled as a top athlete, respected worldwide... even going on to compete against able-bodied persons," she noted.
© Getty Images / Kim Ludbrook/EPA/Gallo Image
Noting Pistorius's charitable contributions, Judge Masipa said that they "could not be ignored, but must be put into perspective".
She also stated that she felt it would be a sad day if people felt there was "one rule for the poor and vulnerable, and another for the rich and famous".
Discussing mitigation, Judge Masipa said that the court "accepted the accused's conduct after the incident, [which] indicated that the accused wanted the deceased to live".
She further noted that it was his first offence, and that he seemed "remorseful".
However, she accepted the state was correct to say that Pistorius was guilty of gross negligence bordering on dolus eventualis - non-premeditated murder - and that his firearms training was an aggravating factor.
Judge Masipa later observed: "South Africa has a constitution which applies to everyone... including those who transgress the law. As a country, we have long moved from dark ages... to a modern era of balancing all the relevant factors."
"Retribution, which, however, from the legal point of view, is not the same as vengeance, has inter alia yielded ground to other kinds of punishment."
However, she stressed the importance of retribution in contemporary law and criminal justice, saying that if sentences for serious crimes were seen to be too lenient, there is a risk that people would consider taking the law into their own hands.
© PA Images / Elite/EMPICS Entertainment
Oscar Pistorius and Reeva Steenkamp
Of law graduate Steenkamp, Judge Masipa said that "at the time the deceased met her death, she was young, vivacious and full of life... the loss of life cannot be reversed. Nothing I do or say today can reverse what happened to the deceased and to her family.
"Hopefully this sentence shall provide some sort of closure to the family... so they can move on with their lives."
In summer 2012, Pistorius became the first double leg amputee to compete in the Olympic Games, taking part in the men's 400 metres and 4x400 metre relay.
He also won two gold medals and a silver medal at the 2012 Paralympic Games in London, setting a new Paralympic record in the T-44 class 400m final and a world record time in the T42-T46 4x100 metre relay.
Pistorius and Steenkamp had been dating for around three months prior to her death.
Cilla begins with 6.1 million on ITV, E4's Glue attracts 482,000
Oscar Pistorius family makes statement: 'There are no victors'
Oscar Pistorius trial documentary to air on BBC Three
Oscar Pistorius would be allowed to compete at future Paralympic Games
via All - Digital Spy - Entertainment and Media News
0 comments:
Post a Comment