Community service should be part of Pistorius murder sentence, Barry Roux says
by Ernest Mabuza
June 15 2016, 13:47
COUNSEL for Oscar Pistorius has called on the High Court in Pretoria to impose a sentence that will incorporate community service.
Pistorius was being re-sentenced after the Supreme Court of Appeal set aside his conviction for culpable homicide‚ for the killing of his girlfriend Reeva Steenkamp‚ and replaced it with that of murder.
Pistorius had served just over a year of the five-year prison sentence for culpable homicide before being released on parole last year.
"Punishment is not meant to break the offender. We say this was well understood by the trial court‚" his advocate‚ Barry Roux SC‚ said on Wednesday.
He said Pistorius did not fall into the category of an offender who must be removed from society.
"His rehabilitation should not be in dispute. There is no proper purpose in rehabilitating one who has been successfully rehabilitated."
Roux said the purpose of deterrence had already been achieved.
"Our courts have moved away from retribution as primary purpose of sentence."
Earlier in the day, Pistorius stood in front of the courtroom as Roux wanted the presiding officer to look at the person who must be sentenced.
"I want the accused to stand there so that we can have an idea of who this person is‚" said Roux as Pistorius moved from the dock to a position in front of Judge Thokozile Masipa
"It is 3am in the morning. It is dark. He suffers from anxiety disorder. We understand his balance was severely compromised. This must all be seen in the context of his disability‚" Roux said.
"It does not mean that because he is vulnerable he must do whatever he likes.
"Let us understand when you combine these factors. It is not a man who is running with two healthy legs who wants to protect his girlfriend."
Roux was presenting arguments in the sentencing proceedings and said there were compelling circumstances for the court to depart from the minimum prescribed sentence of 15 years for murder.
TMG Digital
Defence lawyer Barry Roux speaks during the verdict in the trial of Oscar Pistorius at the North Gauteng High Court in Pretoria in September 2014. Picure: REUTERS
COUNSEL for Oscar Pistorius has called on the High Court in Pretoria to impose a sentence that will incorporate community service.
Pistorius was being re-sentenced after the Supreme Court of Appeal set aside his conviction for culpable homicide‚ for the killing of his girlfriend Reeva Steenkamp‚ and replaced it with that of murder.
Pistorius had served just over a year of the five-year prison sentence for culpable homicide before being released on parole last year.
"Punishment is not meant to break the offender. We say this was well understood by the trial court‚" his advocate‚ Barry Roux SC‚ said on Wednesday.
He said Pistorius did not fall into the category of an offender who must be removed from society.
"His rehabilitation should not be in dispute. There is no proper purpose in rehabilitating one who has been successfully rehabilitated."
Roux said the purpose of deterrence had already been achieved.
"Our courts have moved away from retribution as primary purpose of sentence."
Earlier in the day, Pistorius stood in front of the courtroom as Roux wanted the presiding officer to look at the person who must be sentenced.
"I want the accused to stand there so that we can have an idea of who this person is‚" said Roux as Pistorius moved from the dock to a position in front of Judge Thokozile Masipa
"It is 3am in the morning. It is dark. He suffers from anxiety disorder. We understand his balance was severely compromised. This must all be seen in the context of his disability‚" Roux said.
"It does not mean that because he is vulnerable he must do whatever he likes.
"Let us understand when you combine these factors. It is not a man who is running with two healthy legs who wants to protect his girlfriend."
Roux was presenting arguments in the sentencing proceedings and said there were compelling circumstances for the court to depart from the minimum prescribed sentence of 15 years for murder.
TMG Digital
