TSHWANE – Oscar Pistorius was sentenced to an effective period of five years in prison after killing Reeva Steenkamp of Valentine’s Day last year. According to South African parole regulations, this period may be reduced to 10 months.
“This is justifiable in terms of legal theory, but does it make sense?” is the question on the minds of many that have compared this case with other cases of culpable homicide.
Our criminal law provides for a wide spectrum of sentencing options and, as Judge Masipa has explained yesterday in the North Gauteng High Court, Thswane, a sentence is justifiable by the presiding officer as it falls within the court’s discretion to a certain extent.
Our criminal justice system promotes restorative justice, which places the focus on alternative sentencing procedures to that of imprisonment in cases that are less serious.
The Pistorius trial has many wondering if our legal sector’s theory behind sentencing is too liberal, which is a valid question when it is taken into consideration that certain cases of culpable homicide may lead to a prison sentence of 15 years, while our law justifies Pistorius’ sentence of five years in prison.
