Oscar Pistorus sentenced to six years over the murder of Reeva Steenkamp

Carl Pistorius, the brother of Oscar Pistorius, has just tweeted this response to the verdict:

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Carl Pistorius @carlpistorius

The record has been set straight and justice done. The truth will always prevail. #justice

10:02 AM - 6 Jul 2016

 
•  2626 Retweets
 
•  6565 likes

The Pistorius family is expected to make a statement shortly. It is likely to come via Arnold Pistorius, Oscar Pistorius’ uncle, who tends to speak for 

Oscar Pistorius hugged his sister Aimee, pictured below, and his brother Carl (in the blue jacket) before he was taken down to the cells after hearing his sentence.

He is expected to be moved directly to prison today.

 Oscar Pistorius holds his sister Aimee Pistorius as he leaves the High Court in Pretoria. Photograph: Marco Longari/AFP/Getty Images

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In delivering her decision, Masipa said she had considered both aggravating and mitigating factors, and concluded that the latter outweighed the former.

She listed mitigating factors as:

• Pistorius was vulnerable on his stumps without his protheses.
• He believed the person in the bathroom was an intruder.
• He “immediately took steps to try to save the deceased’s life”.
• The judge believed he was genuinely remorseful.

She said the aggravating factors were:

• Pistorius used a lethal weapon, with high-grade ammunition.
• He fired four times, “knowing full well” there was someone in the bathroom.
• He did not take the precaution of firing a warning shot.

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Reporters in the courtroom say the defence team will not appeal against the sentence (it’s not clear on what grounds it might have been able to do so).

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And on that note, some views from South African media:

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Mandy Wiener @MandyWiener

Remember - he has been sentenced to six years but OP unlikely to serve that full duration. Eligible for parole earlier, good behaviour etc.

9:36 AM - 6 Jul 2016

 
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•  1010 likes

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Debora Patta 

✔@Debora_Patta

#Pistorius Legal experts say OP can be paroled for good behaviour after serving a third of the sentence - that is two years

9:44 AM - 6 Jul 2016

 
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It is notable that Pistorius’ original sentence, when he was initially found guilty of culpable homicide (the equivalent of manslaughter), was five years.

He served 10 months of that in prison before being eligible for parole under house arrest.

The increase in sentence – bearing in mind the judge spelt out how much more serious a crime murder is – was just one year.

It is not clear yet how much of the six-year sentence he will be compelled to serve in prison before he will once again be eligible for parole.

Masipa left the courtroom swiftly after delivering the sentence but said she would be available to hear an appeal today if that was required.

Previous reports have said that an appeal would not be available to Pistorius, but that it might be possible for the state to argue against a sentence if it thought it was too lenient.

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Pistorius has been taken down to the cells.

The courtroom is very quiet. Reporters in the room say there has been little visible reaction from the Steenkamp family, who are there.

But Pistorius’ sister Aimee has left the court in tears.

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Judge Masipa has sentenced Oscar Pistorius to six years’ imprisonment for the murder of Reeva Steenkamp.

She said there were “substantial and compelling reasons” to deviate from the 15-year minimum sentence for murder, citing as one factor the continuing misperception that Pistorius had intended to kill his girlfriend.

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Six years imprisonment

The judge asks Pistorius to stand.

She imposes a sentence of six years.

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She says it was a “noble gesture” of Pistorius to offer to do community service.

But punishment is not what you choose to do. It ought to be painful.

But she says a long-term imprisonment will not serve justice.

Masipa moves on to her conclusion.

No sentence will please everyone, she says. Nothing will bring back the deceased.

The life of the accused will never be the same. He is a fallen hero … He cannot be at peace.

She says she was not surprised to hear him described as a broken man.

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Masipa says she is not convinced by the evidence given by Scholtz that Pistorius ought to be hospitalised.

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Pistorius has already spent time in prison, Masipa says.

The court heard evidence that he struggled as an inmate. But she does not accept that he was “vilified” or treated badly by prison officials.

But on reports that he was aggressive to prison staff, Masipa says:

[Being] quick-tempered does not necessarily mean he is a violent person.

Updated at 9.30am BST

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The rehabilitation programmes may not be sufficient now that Pistorius’ conviction has been upgraded to murder, the judge says.

(He undertook them when serving his sentence for culpable homicide.)

But she says it indicates that he is a “good candidate for rehabilitation”.

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The defence wants a non-custodial sentence, Masipa says. They cited workshops on anger management as proof he had been rehabilitated.

But deterrence and retribution are just as important, she says.

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Masipa accepts the case put forward by the defence that there are “two Oscars” – the successful athlete and the vulnerable disabled man.

But this is not the only factor for her to consider, she goes on.

Updated at 9.24am BST

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Masipa is speaking at length about what she calls the “misperception” that Pistorius intended to kill Steenkamp and the duty of the court to correct that view.

Public opinion may be loud and persistent but it can play no role in the decision of this court.