FIVE YEARS IN JAIL: The most Oscar Pistorius will serve

OSCAR Pistorius has been jailed for five years over his killing of model girlfriend Reeva Steenkamp.

In delivering her decision, Judge Thokozile Masipa said a “non-custodial sentence would send a wrong message to the community”, but “a long sentence would not be appropriate”.
Judge Masipa, who has presided over his case since March, began handing down her decision on the Blade Runner’s sentence at 6.30pm (AEDT).
She gave him a five year jail term for culpable homicide, and a three years suspended sentence on the condition that he is not found guilty of a crime where there’s negligence involved in the use of a firearm.
Both sentences will run concurrently.

Fate delivered ... South African Paralympic athlete Oscar Pistorius arrives at the High Court in Pretoria today.

Judge Masipa opened her address by going over the defence’s witnesses, saying: “Finding an appropriate sentence is a challenge faced by criminal courts daily as sentencing is not a perfect exercise. What complicates this even more is that there may be more than one appropriate sentence in a particular case.”
“For a very good reason an appropriate sentence should not be too light as the society might lose faith in system,” she said.
Pistorius was obeserved by the media as he stared straight at Judge Masipa, listening to every word while in the dock.
Judge Masipa said she had an “unease” over defence claims about how the disgraced athlete would cope with prison.

Support ... Oscar Pistorius is embraced by his father Henke Pistorius as he arrives at the High Court in Pretoria

She later slammed evidence given by a social worker Annette Vergeerm who argued he should not be sent to jail on behalf of the defence.
Judge Masipa “was not impressed at all”, and said she found Vergeer’s evidence “sketchy, outdated, uninformed, generalised and negatively biased against prisons in this country”.
She said if Pistorius was given a custodial sentence, he won’t be the first time correctional services confronted with inmate with disabilities.

Nervous ... Oscar Pistorius arrives at the High Court in Pretoria.

“I have no reason to believe that the correctional services would not be able to look after the accused in the system,” she said.
The Judge said that while he was “vulnerable, he has excellent coping skills”. She added it would be a sad day for this country if perception was that there were different laws for the rich compared to the poor.
Judge Masipa also reviewed his personal circumstances of being disabled, broke and living with his family after selling his assets during the trial. She accepted he was remorseful and noted he has made an enormous contribution to society.
She also said that society cannot always get what it wants, and that South Africa has moved on from being “an eye for an eye” society.
Before court began, the Steenkamp’s lawyer Dup du Bruyn told Sky News: “The Steenkamp’s are strong people. They are trying to stay strong. Inside, they are broken completely. They are wonderful people. There’s one thing I must put on record, there is no such thing as any animosity between the two families whatsoever.”
The sentencing tonight marks the end of a journey which began in the early hours of Valentine’s Day 2013 when Pistorius, armed with a pistol and high-powered ammunition, fired four shots into the door of a toilet cubicle in his home, killing Ms Steenkamp in what the Prosecution
described as a horrific death.

South African Paralympic athlete Oscar Pistoriusarrives at the High Court in Pretoria today.

Outside court, before the proceedings started, a protestor, dressed in orange garb and wearing chains, carried placards asking whether certain offenders were more equal before the law than others.
“Are certain offenders more equal than other offenders before the law if that is the case why are certain offenders more equal than others before the law, why?” he asked.
“No more talking about the criminal justice system, we are talking about the criminal injustice system.”
“He cries like a baby, he screams like a woman but he shoots like a soldier,” the man said of Pistorius.

Security ... Oscar Pistorius arrives at the High Court in Pretoria.

Authorities were taking covering all eventualities. Before court, paramedics brought in a stretcher and medical gear.
Pistoirus will be gonig to the Kgosi Mampuru II, formerly known as Pretoria Central Prison.

Cold and dark ... the visitors room at Kgosi Mampuru II Prison

For the duration of the trial he has lived with his uncle Arnold and aunt at their home. Each day in court they have sat in the front row, along with his sister Aimee and brother Carl.

Family ... Arnold and Lois Pistorius, Oscar's aunt and uncle at the North Gauteng High Court. Picture: Getty

Brotherly love ... Carl Pistorius, brother of Oscar Pistorius.

Aimee Pistorius, sister of Oscar Pistorius. Picture: Getty Source: Getty Images

Last month, after a hotly-contested trial, Judge Masipa found Pistorius not guilty of premeditated murder but guilty of culpable homicide.
She accepted Pistorius’ evidence, that he believed when he fired four shots into the door of the toilet cubicle in his home that there was an intruder inside and that he was protecting himself and Reeva, who he believed was still in bed at the time.
The State had argued that Pistorius chased Ms Steenkamp into the toilet after a blazing row and shot her dead deliberately, presenting him as hot-headed gun lover with a furious temper.
But Judge Masipa found there was not enough evidence to support that scenario and, in a controversial decision, found him guilty of the lesser charge.
Legal analysts were evenly divided on whether she got it right or wrong at law in finding him guilty of the lesser charge.
Some argued she was correct and that there was never enough evidence to prove he intended to kill Ms Steenkamp that fateful night. In her judgment,
Judge Masipa cited differing accounts from the witnesses, neighbours of Pistorius, about what they heard on the night.

Judge Thokozile Masipa reacts during the sentencing hearing of South African paralympic athlete Oscar Pistorius. Picture: AFP Source: AFP

Other analysts argued that he should have been convicted of murder in that he should have known that by firing four shots into the door he would kill whoever was behind it but that the State focused its case too much on proving he intended to kill Ms Steenkamp, rather than just
whoever was there.
The State is expected to appeal against the verdict meaning the saga could drag on for years to come.
There are plenty of examples in South Africa of those guilty of culpable homicide being treated leniently by the courts and police. A former South African rugby player, who shot dead his own daughter believing she was a thief stealing the car, was never even charged.
The State originally asked that Pistorius be jailed for 10 years, saying that society demanded this as a minimum term, and that Pistorius’ negligence in the case bordered on intent and that he was “grossly negligent” in his actions.

Fighting hard for Oscar ... defence lawyer Barry Roux. Picture: Getty Source: Getty Images

Pushing for jail ... Chief State Prosecutor Gerrie Nel. Picture: AP Source: AP

The defence sought correctional supervision or house arrest for a period of three years, with 18 hours per month of community service, such as cleaning in a museum. They argued that he was genuinely remorseful for his actions, had desperately wanted to apologise to Ms Steenkamp’s parents and had written emotional letters to them in the days after the shooting, but was advised, for legal reasons, not to pass them on.
In arguing against jail, the defence said that Pistorius disability would put him at risk in jail not equipped to deal with him.

Distraught ... June and Barry Steenkamp sit in court during the sentencing hearings for Oscar Pistorius. Picture: AFP Source: AFP

The State said house arrest would be a “shockingly disproportionate” sentence for what he did.