Oscar Pistorius shoots girlfriend

[Laurel Green]

Article said:

Last week, the NPA announced it would be appealing both the conviction and sentence.
“The appeal on conviction is based on a question of law,” said Mncube.
“The merits and the demerits of the NPA’s argument in this regard will become evident when we file papers for leave to appeal.”

[TTmonkey]

HAHHHHAHAHAHHAHA

Oscar cant be released from prison after 10 months because he cant be fitted with an ancle tag because he can remove his legs!!!!

irony.

[hornetrider]

TTmonkey said:

HAHHHHAHAHAHHAHA

Oscar cant be released from prison after 10 months because he cant be fitted with an ancle tag because he can remove his legs!!!!

irony.

Surely they'll just stick one on his wrist? Or around his neck?!

[Mermaid]

http://www.dailymail.co.uk/news/article-2828274/Os...

Necklace

[KTF]

How can it be easier to remove from the wrist than the ankle?

This sounds like BS to me as he cant be the first person who needs to be tagged with false legs so there must be a precedent for this.

[backwoodsman]

This is how we handled this situation, in England.

http://www.bbc.co.uk/news/uk-england-14705328

[hornetrider]

hornetrider said:

Appeal confirmed.

http://citizen.co.za/268559/npa-confirm-oscar-appe...

So they were in court today asking for leave to appeal. It appears #judgemasipa is presiding over this hearing, so she will actually decide whether they can appeal or not!!

You could not make it up.

http://www.telegraph.co.uk/news/worldnews/oscar-pi...

[burwoodman]

hornetrider said:

hornetrider said:

Appeal confirmed.

http://citizen.co.za/268559/npa-confirm-oscar-appe...

So they were in court today asking for leave to appeal. It appears #judgemasipa is presiding over this hearing, so she will actually decide whether they can appeal or not!!

You could not make it up.

http://www.telegraph.co.uk/news/worldnews/oscar-pi...

Agreed, however, if the good judge declines leave then they can and will go over her head.

[anonymous-user]

Appeal has been granted.

[Mermaid]

garyhun said:

Appeal has been granted.

Will Judge Masipa hear the appeal

[anonymous-user]

Mermaid said:

garyhun said:

Appeal has been granted.

Will Judge Masipa hear the appeal

Oh god, don't say that

[hornetrider]

They were saying he might actually be out before the appeal is held, which means it could be a couple of years???

[agtlaw]

garyhun said:

Appeal has been granted.

More accurately, leave to appeal has been granted regarding count 1 (murder) but otherwise refused. Leave to appeal sentence refused - although I would expect the sentence would be reviewed if the appeal against conviction is successful.

[anonymous-user]

agtlaw said:

garyhun said:

Appeal has been granted.

More accurately, leave to appeal has been granted regarding count 1 (murder) but otherwise refused. Leave to appeal sentence refused - although I would expect the sentence would be reviewed if the appeal against conviction is successful.

Cheers for clarifying. I was on my phone earlier so just posted the headline from BBC News mobile.

[anonymous-user]

It is normal for a trial Judge to decide on permission to appeal. The appellate court can itself grant permission if the trial Judge says no. The trial Judge does not hear the appeal.

[Jasandjules]

agtlaw said:

More accurately, leave to appeal has been granted regarding count 1 (murder) but otherwise refused. Leave to appeal sentence refused - although I would expect the sentence would be reviewed if the appeal against conviction is successful.

Interesting. I wonder if they will in any event also seek leave to appeal sentence in the appellate court so as to ensure even if Murder fails they have a back up plan.

[burwoodman]

Good news. New judge, new court and from the good ladies own mouth. ;this case was not an easy one, and there are still questions of law to answer'. In other words, she realises that she is an idiot and got it wrong. I am highly confident a Supreme Court Judge (a proper judge not a token) will find him guilty of Murder and he will rot in prison.

[Bonefish Blues]

burwoodman said:

Good news. New judge, new court and from the good ladies own mouth. ;this case was not an easy one, and there are still questions of law to answer'. In other words, she realises that she is an idiot and got it wrong. I am highly confident a Supreme Court Judge (a proper judge not a token) will find him guilty of Murder and he will rot in prison.

With respect, that may be the message you take, but that's not what's being said.

Breadvan will be along again shortly to give a more up to date account of legal process & precedent and how it evolves through the process of Appeal, I'm sure

[anonymous-user]

The Judge merely agrees that the appeal is arguable. All Judges accept the possibility that they may be wrong. That is why there is an appeal system, and why the highest court does not usually bind itself.

[burwoodman]

My comment was intentionally provocative. It doesn't even matter that the Judge refused to allow the appeal on the sentence. The higher court can rule on it if they feel it inappropriate so assuming they do not find he murdered RS, he may still receive a revised sentence. It is looking very bad for OP.