As it happened: State's Pistorius appeal dismissed with costs

2016-08-26 08:40

Judge Thokozile Masipa has rejected the State's application to appeal her decision to sentence Oscar Pistorius to six years in prison.

Watch proceedings as they unfolded here.

For more news on the Oscar Pistorius trial, click here.

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Last Updated at 13:26
26 Aug 13:38
More international reaction.

26 Aug 13:38
Some international reaction.

26 Aug 13:32

26 Aug 12:12

Bid to appeal Oscar Pistorius's 6-year sentence rejected

Judge Thokozile Masipa on Friday rejected the State's bid for leave to appeal the six-year jail sentence for murder she imposed on Oscar Pistorius.

"I am not persuaded that there are reasonable prospects of success for an appeal. The application for leave to appeal against the sentence is dismissed with costs," she said in the High Court in Johannesburg.

Barry Roux, for Pistorius, had earlier argued that the State was merely dragging out legal processes and subjecting the former Paralympian to continued uncertainty. "What does the State want? 10 years? What is the practical effect of that?"


26 Aug 11:36

26 Aug 11:35

26 Aug 11:34
Judge Masipa grants the following order: application dismissed with costs.

26 Aug 11:33
Court has resumed.

26 Aug 10:33
Gerrie Nel leaves court (Wim Pretorius, News24)

26 Aug 10:15

Nel wants fresh sentencing, says it was shockingly inappropriate, court should have started at 15 year minimum sentence.

Judge Masipa adjourns court until 11:45.


26 Aug 10:14

26 Aug 10:12

Roux: Eight years is not shockingly inappropriate or lenient. Judge should dismiss the application and this should be the end of the judicial process.

"It has been exhausting beyond the point of exhaustion".


26 Aug 10:04

26 Aug 10:02

The State is unnecessarily prolonging the legal process and subjecting Pistorius to continued uncertainty, says Roux.

Earlier, he tells Judge Masipa that the sentencing judgment "made me proud of the judiciary".


26 Aug 10:00

26 Aug 09:58
Effective sentence of 8 years is not lenient - Roux.

26 Aug 09:57

26 Aug 09:55

26 Aug 09:49

26 Aug 09:45

26 Aug 09:45
Nel: Pistorius never offered an acceptable explanation for having fired 4 shots through the toilet door. He knew that was a finding of this court, but he elected not to address this.

26 Aug 09:44
Nel: Fact that black talon ammunition used should be an aggravating factor, the fact that he fired 4 shots means the possibility of death was more likely.

26 Aug 09:42

26 Aug 09:39
Nel has brought up those now well-known terms dolus eventualis and dolus directus.

26 Aug 09:36

26 Aug 09:32
Nel: Sentence should have been assessed within the benchmark of 15 years.

26 Aug 09:30

26 Aug 09:27
Nel: Pistorius showed "some regret" for his "mistake". This is not the same as genuine remorse.

26 Aug 09:25
Nel: There's a chasm between regret and remorse.

26 Aug 09:24

26 Aug 09:22
Nel: Court misdirected itself in finding that respondent is genuinely remorseful.

26 Aug 09:21

26 Aug 09:17
Nel: Court failed to take findings and inferences made by SCA.

26 Aug 09:17

Nel: SCA rejected defence that OP acted in self defence - there existed no justification for respondent's actions.

Respondent fired 4 shots through the door, never offered an acceptable explanation for having done so.


26 Aug 09:15
Nel says court misdirected itself in three major factors - Pistorius formed intention to shoot in the bedroom, not the bathroom where he fired four shots, this is a material aggravating factor.

26 Aug 09:10

26 Aug 09:10
Gerrie Nel is stating the State's case in court, repeats that the sentence was shockingly inappropriate. There were 6 misdirections from the court.

26 Aug 09:03
Court proceedings get under way.

26 Aug 08:58
Meanwhile, in other Pistorius-related news...

26 Aug 08:56

26 Aug 08:53

26 Aug 08:44
Gerrie Nel has arrived in court (Thomas Hartleb, News24)

26 Aug 08:42

Appeal against Oscar's 'lenient' sentence without merit - defence

Oscar Pistorius’ defence team says that the State’s decision to appeal his murder sentence is without merit.

According to the defence, the State’s application is not only without merit, but is "also exposed to be inappropriate".

He was initially convicted of culpable homicide and received a five-year sentence, but the Supreme Court of Appeal last year ruled that the conviction should be murder and that he should be re-sentenced.

Judge Thokozila Masipa then sentenced him to six years in jail. The defence said the State’s appeal was an insult to Masipa’s judgment and that it had ignored all the circumstances considered during Pistorius’s trial.


26 Aug 08:41

State to challenge Pistorius's 6-year jail term

The State will on Friday again challenge a ruling by Judge Thokozile Masipa against convicted murderer Oscar Pistorius.

It would ask for leave to appeal against the six-year jail term she sentenced him to on July 6.

The hearing would take place in the High Court in Johannesburg, National Prosecuting Authority spokesperson Luvuyo Mfaku said.

“We respectfully submit that our courts are enjoined to severely punish accused persons who shoot and kill without reason,” prosecutor Gerrie Nel said in his application for leave to appeal.

While the former paralympic athlete had expressed “some regret”, he had still not offered a credible explanation for firing the four shots that killed his girlfriend Reeva Steenkamp.

This would be the State’s second challenge of a ruling by Masipa. It first challenged her finding that Pistorius was guilty of culpable homicide.

In October 2014, Masipa sentenced Pistorius to five years behind bars for culpable homicide.

On December 3 last year, the Supreme Court of Appeal ruled that it agreed with the State. It overturned Masipa’s verdict, replaced it with one of murder, and instructed Masipa to sentence Pistorius afresh.

Nel said Masipa should have taken as her starting point the prescribed minimum sentences when deciding on a jail term for Pistorius. The minimum sentence for murder is 15 years.

The defence said the State’s appeal was an insult to Masipa’s judgment and it ignored the circumstances considered during Pistorius’s trial.

In the early hours of February 14, 2013, Pistorius shot Steenkamp four times through the locked door of the toilet in his Silver Woods Country Estate home. He claimed he thought there was an intruder behind the door about to emerge and harm him, and that Reeva was still in bed.

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