Pretoria - At least a 10-year jail sentence, perhaps even slightly more, with part being suspended. This is the sentence one of the country’s top criminal experts and a judge himself, would impose on Oscar Pistorius if he was the one meting out judgment.
But it is now in the hands of Judge Thokozile Masipa, of the Gauteng Provincial Division of the High Court.
Pistorius’s sentence for culpable homicide can range from a hefty fine to a lengthy jail sentence, but the only certainty is that he will not be sentenced this coming week.
On Monday, Pistorius will again appear in the high court in Pretoria when sentencing procedures will start. This is expected to last for most of the week, after which the judge will postpone proceedings for a while before she delivers sentence.
The legal expert, who cannot be named for ethical reasons, said Judge Masipa will in all probability prepare a written judgment on sentencing, as the case involved complex legal issues and was extremely high profile. “If I were her, I’d have rather erred on the side of caution and take my time before delivering a sentence.”
The expert said reports suggesting that Pistorius could be sentenced up to a maximum of 15 years in jail for the negligent killing of his girlfriend Reeva Steenkamp on Valentine’s Day last year, are wrong.
There is no minimum or maximum sentence, he said. It is all in the discretion of the judge, who can even order house arrest, coupled with another form of punishment.
“There are guidelines in our law pertaining to punishment for culpable homicide, but it all depends on the degree of negligence. In my view, this case was serious. I would think a sentence of 10 years or more is appropriate, but it is entirely up to the judge.”
The expert warned that a sentence, once delivered, is not easily set aside. “It is only when the sentence induced a sense of shock – that it is either too high or too low – that the State or defence can appeal against it. But courts are usually loathe to interfere with a sentence.”
This coming week will, however, be a very anxious one for Pistorius, as the judge will have to weigh up the mitigating and aggravating factors regarding the events when Steenkamp was shot in Pistorius’s Silverwoods Country Estate Home.
The defence will start off proceedings, calling witnesses, which is certain to include several experts, especially regarding Pistorius’s vulnerability as a double amputee. His advocate, Barry Roux, earlier told the judge the team would be consulting experts during the court’s adjournment.
On Thursday, Kenny Oldwage, advocate for the defence, did not want to divulge who would be called.
But the main objective of the defence’s evidence will be to reduce Pistorius’s moral blameworthiness for firing four shots into the toilet door, which killed his girlfriend. This is with the aim of reducing any sentence he may face.
While it is a given that Pistorius’s disability will feature strongly in the defence’s bid to prove mitigation, it is up to the judge as to how much weight she would attach to this.
Earlier during her judgment, Judge Masipa commented that disability that rendered a person vulnerable was not unique as “millions of people in this country can easily fit into that category”.
She, however, also said that it was understandable that a person with a disability such as that of Pistorius, would “certainly feel vulnerable when faced with danger”.
The prosecution, in view of failing to secure a murder conviction, will pull out all the stops to obtain the harshest sentence possible. To achieve this, it will have to place aggravating factors before the court. It is thus expected that Gerrie Nel will call Reeva’s mother, June Steenkamp, to the stand.
Up to now, June has mainly spoken to international publications about her and her family’s feelings, but she will now have to tell the court how the death of their youngest daughter had affected her and her husband Barry.
University of Pretoria law professor, Annette van der Merwe, said the defence, and even possibly the State, will also obtain expert reports (by psychologists, psychiatrists and criminologists) with assessments of Pistorius to assist the court in determining an appropriate sentence.
“The focus during sentencing is on the seriousness of the offence – the harm caused and the blameworthiness of the accused. Pistorius’s circumstances will be taken into account, as well as the interests of the community.”
Van der Merwe said the Weskoppies Hospital reports may also come into play. “If there is any indication of diminished responsibility, it may count towards a lighter sentence.”
Pretoria News