Showing posts with label sentence. Show all posts
Showing posts with label sentence. Show all posts

Sunday, October 12, 2014

Pistorius sentence: Jail or Olympic training?

13 October 2014 Last updated at 00:19 Oscar Pistorius, rests after a training session in Pretoria, South Africa - 2007 South African athlete Oscar Pistorius has every reason to look uncertain as he returns to court this week in Pretoria.

His future is about to be untangled – and there is a bewildering range of possibilities that must surely now be dancing before his eyes.

Will he vanish into South Africa’s prison system for years, or should he be thinking seriously about training for the Brazil Olympics?

Judge Thokosile Masipa – who rejected a murder verdict last month in favour of the lesser charge of culpable homicide – has wide discretion either to put the athlete in jail for years, to give him a suspended sentence or no sentence at all, to fine him, give him a form of house arrest, or community service, or some combination of the above.

As prosecution and defence prepare to call witnesses to support their arguments on sentencing, here are a few thoughts about Judge Masipa’s options, and the broader trial:

If he had been convicted of murder, Pistorius might, with his disability taken into account, have been sentenced to around 15 years in prison, which means he would have been eligible for parole after seven and a half.

Oscar Pistorius leaves court on bail 12 September 2014, Pretoria, South Africa If there is an appeal, will Pistorius remain on bail?

That now strikes me as the likely upper limit for Judge Masipa as she ponders his fate.

There is a very real chance – backed up by precedent – that Pistorius could be given no jail time at all.

The judge could argue that he is a first-time offender who has shown genuine remorse. But given his criminal misuse of a firearm, what sort of message would that send to the public?

And – this is unanswerable, I suppose – would it even be in his own best interests to serve no prison time?

Judge Thokozile Masipa delivers her judgement in court in Pretoria, South Africa, on 12 September 2014 The athlete’s fate is in the hands of Judge Thokozile Masipa

Would the public here and abroad welcome him back into society, and what sort of stress would he find himself under?

Having given Pistorius the benefit of the doubt in reaching her verdict – and taken plenty of flak for it – Judge Masipa may choose to lean the other way in sentencing.

Will the prosecution seek to appeal against the culpable homicide verdict following sentencing?

A file photograph South African paralympic and Olympic sprinter, Oscar Pistorius (R) with his girlfriend, model Reeva Steenkamp (L) at the South African sports awards ceremony in Johannesburg - 4 November 2012 The prosecution maintained Pistorious shot Reeva Steenkamp after an argument

I am told it is very likely – indeed many legal experts feel Judge Masipa’s ruling was deeply flawed and demands correction.

But if Pistorius is given a significant prison sentence for culpable homicide, might the state decide to make a political decision, cut its losses and let the original verdict remain uncontested?

If the prosecution does appeal against the verdict, would Pistorius seek to remain free on bail, or will he – as I now suspect is more likely – start serving any prison sentence immediately rather than postponing the inevitable?

Lastly, imagine how quick and different this trial could have been if the prosecution had not remorselessly pushed its pre-meditated murder theory, and stuck instead to one of the lesser murder charges.

Prosecutor Gerrie Nel in court, Pretoria, South Africa - 14 April 2014 Gerrie Nel wanted a premeditated murder conviction that would have been an mandatory life term of 25 years

Prosecutor Gerrie Nel spent weeks trying to prove Pistorius and Reeva Steenkamp’s relationship was on the rocks only to see Judge Masipa reject that evidence with a contemptuous wave of her hand (the prosecutors of Shrien Dewani – the UK businessman on trial in Cape Town for murdering his wife – might well take note).

Might the grandstanding Mr Nel have secured a murder conviction if he had not over-reached?


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Pistorius sentence: Jail or Olympic training?

Friday, July 25, 2014

Jamaican taxi operator gets life sentence for murder of Trinidad teacher

coudray-greavesKINGSTON, Jamaica, Thursday July 24, CMC – A Jamaican taxi operator, Ivan Taylor was sentenced to life in prison for the murder of Trinidadian teacher Michelle Coudray Greaves.

Taylor,46,who was found guilty of murder on May 22, will serve 30 years in prison before being eligible for parole.

Coudray-Greaves, 39, was due to start a teaching job in the western city of Montego Bay, when she went missing after returning from a trip to Trinidad on June 2, 2012.

Taylor, who provided her with taxi service, was arrested shortly after her burnt remains were found in cane field on the outskirts of Montego Bay. Forensic science was used to determine her identity.

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Jamaican taxi operator gets life sentence for murder of Trinidad teacher

Monday, July 21, 2014

Fraudster receives suspended sentence

Rasbert Turner, Star Writer

A man who attempted to defraud National Commercial Bank of over $50,000 was given 18 months suspended sentence when he appeared in the Spanish Town Resident Magistrate’s Court yesterday.

He is Muerice Bodden, 28-year-old unemployed of a Kingston address.

Bodden was given a non-custodial sentence after his attorney Lancelot Clarke Jr told the court that while his client had done something criminal he was not beyond redemption. He argued that his client deserved a second chance and a non-custodial sentence would be in order.

Resident Magistrate Vaughn Smith then ordered that Bodden be given a suspended sentence.

The court heard that on the day in question the accused went to NCB Portmore, St Catherine, he tendered a cheque valued at $54,000 to be changed, he gave a fake driver’s licence bearing the name Andrew Powell.

Having checked the document and found that they were fictitious, the police were called and Bodden taken into custody.

He was subsequently charged with possession of forged document and uttering forged document.


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Fraudster receives suspended sentence

Thursday, July 3, 2014

Clerk receives suspended sentence

A suspended sentence was handed down in the Corporate Area Resident Magistrate’s Court recently, to an accounting clerk, who reportedly pilfered money from her employers.

Kamesha Douglas, 30, has been charged with larceny as a servant.

The court heard that between April 23 and May 30, this year, Douglas stole the sum of $19,082, 17 from her employers, a medical establishment.

In court, Douglas expressed sorrow at her actions and offered to make full restitution, which she was allowed.

However, Senior Resident Magistrate (RM) Judith Pusey was of the opinion that Douglas should be sent to prison.

The RM then gave her a sentence of nine months suspended for three years.


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Clerk receives suspended sentence

Sunday, August 11, 2013

US sentence for "Queen of Pacific"

25 July 2013 Last updated at 21:27 ET Sandra Avila Beltran is escorted to a plane for extradition to the US on 9 August 2012 Sandra Avila Beltran could walk free in days, her lawyer said A woman who allegedly once was at the top of the Mexican drugs trade has been sentenced by a US court to 70 months in prison for trafficking cocaine.


Sandra Avila Beltran, known as “Queen of the Pacific”, was initially accused of creating drugs smuggling routes up the Pacific coast into California.


But a deal with the prosecution ensured she faced a lesser charge.


Avila could walk free as soon as next week as she has already served more than five years in prison.


She was extradited to the United States in 2012, after spending nearly five years in a Mexican prison.


Mexican prosecutors accused her of having played a major part in the build up of the Sinaloa Cartel in the 1990s, one of Mexico’s most powerful criminal organisations.

‘Free on the weekend’

But in his Thursday verdict, US federal judge Michael Moore sentenced her for aiding a drug-trafficker to evade justice, in connection to a former lover, the Colombian Juan Diego Espinosa, known as “The Tiger”, and one of the leaders of the Sinaloa cartel.


Avila Beltran smiled and hugged her lawyer when she heard the sentence in a Miami court.


“It is 70 months counting from 28 September 2007, when she was arrested in Mexico, therefore she could be set free on the next weekend,” defence lawyer Stephen Ralls told reporters.


The next step for Avila Beltran’s defence team is to ensure she is deported speedily to Mexico, when she is released from jail.


Another defence lawyer Howard Schumacher said his client was eager to be with her family in Mexico, where her mother was unwell.


Mexican police say Avila has close ties to infamous drug dealers, such as her uncle Miguel Angel Felix Gallardo, known as The Godfather, who is serving a 40-year prison sentence in Mexico for drug-related crimes.


Avila has maintained her innocence, saying she made her fortune selling clothes and renting property.


In February 2011, the director of the prison where she was being held in Mexico was sacked after it emerged that a doctor had been allowed into her cell to give her botox injections.


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US sentence for "Queen of Pacific"