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Version 2 Version 3
Oscar Pistorius: judge will not impose 15-year minimum sentence – live Oscar Pistorius sentenced to six years for murder of Reeva Steenkamp – live
(35 minutes later)
10.00am BST
10:00
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.
9.54am BST
09:54
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:
She said the aggravating factors were:
9.50am BST
09:50
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).
9.47am BST
09:47
And on that note, some views from South African media:
Remember - he has been sentenced to six years but OP unlikely to serve that full duration. Eligible for parole earlier, good behaviour etc.
#Pistorius Legal experts say OP can be paroled for good behaviour after serving a third of the sentence - that is two years
9.44am BST
09:44
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.
9.41am BST
09:41
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.
9.40am BST
09:40
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.
9.38am BST
09:38
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.
9.33am BST
09:33
Six years imprisonment
The judge asks Pistorius to stand.
She imposes a sentence of six years.
9.32am BST
09:32
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.
9.31am BST
09:31
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.
9.29am BST9.29am BST
09:2909:29
Masipa says she is not convinced by the evidence given by Scholtz that Pistorius ought to be hospitalised.Masipa says she is not convinced by the evidence given by Scholtz that Pistorius ought to be hospitalised.
9.28am BST9.28am BST
09:2809:28
Pistorius has already spent time in prison, Masipa says.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.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” But on reports that he was aggressive to prison staff, Masipa says:
[Being] quick-tempered does not necessarily mean he is a violent person.[Being] quick-tempered does not necessarily mean he is a violent person.
Updated
at 9.30am BST
9.26am BST9.26am BST
09:2609:26
The rehabilitation programmes may not be sufficient now that Pistorius’ conviction has been upgraded to murder, the judge says.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.)(He undertook them when serving his sentence for culpable homicide.)
But she says it indicates that he is a “good candidate for rehabilitation”.But she says it indicates that he is a “good candidate for rehabilitation”.
9.24am BST9.24am BST
09:2409:24
The defence wants a non-custodial sentence, Masipa says. They cited workshops on anger management as proof he had been rehabilitated.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.But deterrence and retribution are just as important, she says.
9.23am BST9.23am BST
09:2309:23
Masipa accepts the case put forward by the defence that there are “two Oscars” – the successful athlete and the vulnerable disabled man.Masipa accepts the case put forward by the defence that there are “two Oscars” – the successful athlete and the vulnerable disabled man.
(See here for more on the “two Oscars” evidence.)(See here for more on the “two Oscars” evidence.)
But this is not the only factor for her to consider, she goes on.But this is not the only factor for her to consider, she goes on.
UpdatedUpdated
at 9.24am BSTat 9.24am BST
9.22am BST9.22am BST
09:2209:22
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.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.Public opinion may be loud and persistent but it can play no role in the decision of this court.
9.20am BST
09:20
#OscarPistorius listening on as sentence is handed down. pic.twitter.com/nZp4DnCrmL
9.19am BST
09:19
Masipa: Our courts are courts of law, not courts of public opinion.
She says “public indignation” must be based on facts.
Wrong perceptions exist in this case, she says, and it is the duty of the court to correct it “to prevent unjustified outrage from the public”.
9.16am BST
09:16
Masipa outlines what she finds are the “substantial and compelling circumstances” for reducing the 15-year minimum sentence.
(She has not yet said what the sentence will be.)
She says Pistorius was on his stumps and was vulnerable.
She accepts that the pain of the Steenkamp family is “real and it is tangible”.
But she says the “misperception” persists that Pistorius intended to kill Reeva Steenkamp and that “cannot be ignored”.
9.13am BST
09:13
Judge says she will not impose 15-year minimum sentence
Masipa says mitigating factors outweigh the aggravating ones, and there are compelling reasons to deviate from the 15-year minimum.
9.12am BST
09:12
Judge: Pistorius 'genuinely remorseful'
The state said Pistorius showed no remorse, Masipa notes.
I disagree.
She says he apologised in court, having “previously and unsuccessfully” trying to contact the Steenkamp family privately, more than once.
She interprets this as undermining any notion that he apologised as a “ploy”.
She says he would only persist in his efforts to apologise to the family because “he was genuinely remorseful”.
9.10am BST
09:10
The mitigating factors
Turning to mitigating factors, Masipa says Pistorius was vulnerable 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”.
9.08am BST
09:08
The aggravating factors
Masipa says the more uneasy a court feels about a sentence, the more likely it is that an injustice can be perpetrated.
She now turns to the aggravating factors in this case. Pistorius used a lethal weapon, with high-grade ammunition, and fired four times, “knowing full well” there was someone in the bathroom.
He did not take the precaution of firing a warning shot.
9.06am BST
09:06
She says it is incumbent on the court to consider whether any sentence is proportionate to the offence, taking into account the seriousness of the crime and the culpability of the offender.
To deviate from the minimum sentence, she says, it must take into account the particular circumstances of the case; she mentions those “substantial and compelling circumstances” again.
Masipa has not yet given an indication of whether she thinks there are “substantial and compelling circumstances” in this case.
9.04am BST
09:04
#OscarPistorius It sounds like Judge is starting from base minimum of fifteen years and may work her way down from there
9.02am BST
09:02
Masipa says the court is obliged to impose the minimum sentence of 15 years unless there are “substantial and compelling” reasons to reduce it.
She says it is up to the court to decide what constitutes “substantial and compelling” circumstances.