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:


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