Thursday, July 7, 2016

COULD PISTORIUS BE FREED IN JUST ONE YEAR?

Experts say the disgraced athlete, who remained staring blankly forwards as the judge handed down the paltry jail term, could be released on house arrest after serving one sixth of his murder sentence.Criminal lawyer William Booth, who chairs the South African Criminal Law Committee, said it was extremely likely Pistorius would be released after three years or even earlier.
He told The Sun Online: "They will normally serve half of a sentence but in South Africa there is a law which could see him released even before that. After you serve around a quarter of the sentence you can be taken back to court and your sentence be converted to correctional supervision.
"It will depend on if he does all the rehabilitation programs and is cooperative."
He said the decision that would see the prison term changed to correctional supervision would be up to the Department of Correctional Services with it important that Pistorius show remorse.
With more than 25 years of legal experience behind him, Booth said: "The judge made a lot of the fact that he tried to apologise to the family but actual remorse is different. I don't think he ever really accepted responsibility for what he did." "The judge was not clear in her judgement, but there is an argument that the Supreme Court of Appeal set aside the earlier conviction and the sentence and now this court has re-sentenced him and he is re-commencing a sentence he had begun to serve for the previous conviction.
"So, his lawyer could argue that he has done one year already and then he could be out in two and half years on straight parole.
"Or, according to this law, the prisons authorities could approach the judge in one year from now and ask her to reconsider the sentence and release him on correctional supervision, or house arrest."
Legal expert Llewllyn Curlewis has reportedly said there is a possibility the shamed paralympian could be out of jail after serving just one year of his new sentence.
Citing Section 276 (3) (a) ii of the Criminal Procedures Act, Curlewis, who is a former acting judge as well as being the chair of the Law Society Criminal Law Committee, said the paralympian may be able to be released from jail after serving just one sixth of his sentence.
Sky News reported the possibility is dependent on the Commissioner of Correctional Services deciding that Pistorius is fit for correctional supervision - house arrest.
It six year jail term comes despite the model's parents asking for horrific pictures of her gunshot wounds to be released while pleading for the double-amputee to be sent down for at least 15 years.
The six-year jail term was blasted by the ANC Womens League with the league's Jacqui Mofokeng calling it "an embarrassment to the justice system of this country."
Other members of the league who were in court said the decision was "a total insult" to women.
The six year sentence is only one year longer than the initial five-year sentence that Judge Thokozile Masipa handed down for culpable homicide before it was upgraded to murder by South Africa's Supreme Court of Appeal last year.
After being sentenced, Pistorius clutched at his family, savouring his last physical contact with them, as he was led down to the cells to await his return to prison.
He has since arrived at the Kgosi Mampuru correctional facility.


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