SOUTH AFRICA - OSCAR PISTORIUS SENTENCING BEGINS ON MONDAY

Arguments for aggravation and mitigation of sentencing in the Oscar Pistorius trial will begin on Monday in the Pretoria High Court.

Last year, the Supreme Court of Appeal overturned the High Court's ruling of culpable homicide - finding the former Paralympian guilty of murder.

Pistorius shot and killed his girlfriend, Reeva Steenkamp at his Pretoria home in February 2013.

He was also found guilty of the negligent discharge of a firearm and acquitted on two other gun-related charges.

Oscar Pistorius's legal team is expected to kick off proceedings by calling witnesses whose testimony will help with the mitigation of sentencing.

Advocate Barry Roux will lead evidence on why the blade-runner should receive a lesser sentence.

This could include a psychologist who would testify on Pistorius's state of mind - and how the crime, the trial and jail time affected him.

A correctional services official may also be called to the witness box to give an account on how the murder convict behaved while serving time in the Kgosi Mampuru Prison in central Pretoria.

Criminal law expert and trial commentator, Ulrich Roux, says there's a high possibility that Pistorius himself will take the stand.

“He's going to have to prove to the court that he's got remorse for what happened. He's accepted the fact that he's a convicted murderer and in order for a person to show the court that the court must have mercy on him - he must show that he is remorseful for his actions.”

The state will cross-examine the defence witnesses before calling their own.

In South African law, there is a prescribed minimum sentence of 15 years imprisonment for a murder conviction.

Prosecutor Gerrie Nel would then have to convince the courts through evidence of cross-examination that Pistorius is not remorseful and that it would be in the interest of justice that he serve an adequate prison term.

The state will be gunning for the minimum sentence prescription.

National Prosecuting Authority (NPA) spokesperson, Luvuyo Mfaku says: "The minimum sentence is 15 years where the accused person is a first time offender. We have a responsibility as the NPA that we apply the provisions of the law and deliver justice to the victims.”

VIA - sabc.co.za
SOUTH AFRICA - OSCAR PISTORIUS SENTENCING BEGINS ON MONDAY SOUTH AFRICA - OSCAR PISTORIUS SENTENCING BEGINS ON MONDAY Reviewed by MHM Marketing & Design on June 11, 2016 Rating: 5

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