Pistorius likely to avoid jail time for killing Reeva

OSCAR Pistorius's display of public remorse and the fact that he is a first-time offender, with a highly successful sporting career, could mean he does not see any jail time.

Speaking ahead of Monday's start of sentencing procedures, several legal experts said it was highly unlikely Pistorius would be imprisoned for killing his girlfriend, former Port Elizabeth model Reeva Steenkamp, 29, on Valentine's Day last year .

Instead, they believed a sentence of house arrest or even a fine was on the cards.

Criminal law expert Martin Hood said it was important to understand the purpose of imprisonment.

"South Africa has moved away from the sentencing philosophy of an eye-for-an-eye retribution, to a rehabilitative approach.

"The theory behind this is punishment must be so an offender doesn't commit the crime again, not because they committed the crime, because they must be taught why their conduct was wrong and understand the consequences."

Hood said Pistorius's personal circumstances, substantial financial losses, disabilities and medical requirements, would be important factors that Judge Thokozile Masipa would take into account when deciding a sentence.

"Pistorius has only been convicted of a crime of negligence. The law treats a person who's been found negligent very different to someone who's done something intentionally.

"Because of this  he will probably be punished relatively leniently."

Professor Kelly Phelps of the University of Cape Town's School of Law said a prison sentence was considered extremely harsh.

"The way the public views a prison sentence compared to the way the courts view it is very different," she said.

"Any time spent in prison has an overwhelming impact on a person's life, not just in terms of their experience in prison, but also afterwards such as hindering their ability to find work."

In addition, culpable homicide cases did not have a minimum sentence and was left to a judge's discretion.

Hood – citing the R60000 fine that former Bafana Bafana soccer player Bryce Moon was made to pay for killing Zimbabwean Mavis Ncube with his car in Sandton in 2009 – said Pistorius's defence would argue for a non-custodial sentence.

Wits criminal law specialist Stephen Tuson said while Pistorius's public display of remorse shown in the dock was one of the most asked about questions, it was impossible to say exactly what would happen in terms of his sentencing

"The best alternative to jail is correctional supervision – house arrest which would be for a maximum of three years.

"That would see him confined to home and only being able to leave for legitimate reasons such as work." - Graeme Hosken