Pistorius can appeal sentence and continue his legal journey to avoid prison

EWN's Barry Bateman joins CapeTalk's Mike Wills (standing in for John Maytham) on the line to give us an idea what to expect from Oscar Pistorius's sentencing.

This is not necessarily the end of the legal journey.

Barry Bateman, EWN

Bateman says Judge Masipa could hand down sentence on Oscar Pistorius in the North Gauteng High Court. if he decided the sentence is unsuitable or inappropriate, he has the legal right to appeal the sentence.

Pistorius would have to apply for leave to appeal in front of Judge Masipa. If she then grants leave to appeal, the matter would move to the Supreme Court of Appeal (SCA).

Even if she does not grant leave to appeal sentence, Pistorius would be able to petition the SCA himself.

If the Judge hands down a sentence tomorrow, and his council indicates yes we would like to appeal, then we could have a bail application afresh tomorrow.

Barry Bateman, EWN

Bateman says then Pistorius's legal team would have to convince the court as to why he should be released on bail, pending the application for leave to appeal.

They would have to convince the court that there is a chance another court could hand down a sentence that is non-custodial, assuming of course that Oscar Pistorius is going to be sent to prison tomorrow.

Barry Bateman, EWN

Bateman says the maximum he would get is 15 years in prison, but believes he is more likely to end up serving 5 or 6 years.

Listen to the full interview below:


This article first appeared on 702 : Pistorius can appeal sentence and continue his legal journey to avoid prison


Recommended

by NEWSROOM AI
Read More
[WATCH] Pepper the robot first non-human to face questions in UK Parliament

[WATCH] Pepper the robot first non-human to face questions in UK Parliament

The robot gave testimony at an education special committee in the House of Commons and caused some amusement.

Kensington Palace announces Harry and Meghan are expecting a baby

Kensington Palace announces Harry and Meghan are expecting a baby

The couple who are on tour in Australia, New Zealand, Fiji and Tonga are due to have a baby in the UK spring.

[WATCH] SA prison warder appears drunk and can't even find his gun

[WATCH] SA prison warder appears drunk and can't even find his gun

A superior officer films this prison warder who staggers to his feet in a seemingly inebriated state.

[PHOTO GALLERY] CapeTalk celebrates 21st birthday with Shakespeare In Love

[PHOTO GALLERY] CapeTalk celebrates 21st birthday with Shakespeare In Love

The cast includes our very own John Maytham and Capetalkers and listeners had a wonderful evening at the theatre.

[LISTEN] South African victim of Catholic sex scandal opens up about his abuse

[LISTEN] South African victim of Catholic sex scandal opens up about his abuse

William Segodisho says he suffered sexual abuse at the hands of a Catholic priest who took him under his wing as a teenager.

Kieno explains what happened to homeless man Fernando

Kieno explains what happened to homeless man Fernando

This is the story of how Fernando sought help from a day hospital but sadly died before he could be admitted for treatment.

Popular articles
How to pay up to 45% less tax (and save the SA economy while you’re at it)

How to pay up to 45% less tax (and save the SA economy while you’re at it)

The Money Show’s Bruce Whitfield interviews Darryn Faulds, a fund manager at Grovest Group.

Plans to end death penalty in Malaysia could see seven South African lives saved

Plans to end death penalty in Malaysia could see seven South African lives saved

The Department Of International Relations says it welcomes plans by the Malaysian government to abolish the death penalty.

[WATCH] Man exposes people selling stolen goods on Facebook

[WATCH] Man exposes people selling stolen goods on Facebook

Anton Fourie says he used his phone to record the interaction to create awareness of what is going on in the community.

[WATCH] Sars boss confusing, evasive testimony at Nugent Commission

[WATCH] Sars boss confusing, evasive testimony at Nugent Commission

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

Pieter du Toit on VBS, Malema's EFF and contradicting ethics

Pieter du Toit on VBS, Malema's EFF and contradicting ethics

Malema has accused the rogue unit of still being operational and Pravin Gordhan of working in the background against the EFF.

Zondi tells court that she had to 'look happy' in church out of fear for Omotoso

Zondi tells court that she had to 'look happy' in church out of fear for Omotoso

Cheryl Zondi is testifying against Pastor Timothy Omotoso who is accused of rape and human trafficking in his Durban church.

Funny Cape fashionista Nadia Jaftha making waves with her mom

Funny Cape fashionista Nadia Jaftha making waves with her mom

Fashion blogger Nadia Jaftha takes fans through her serious love of style, as well as her silly moments with sidekick mom, Nawal.