The Supreme Court upgraded Pistorius’s, 29, sentence on appeal to murder from culpable homicide for which he had received a five-year sentence.
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Olympic sportsman Oscar Pistorius continues to be found guilty of homicide after an earlier manslaughter verdict overturned.
Prosecutors appealed against the original ruling, saying Pistorius should be convicted of murder for firing four shots through a locked toilet door. What was uncertain, however, was whether he meant to do it.
Arnold Pistorius, drives out of his house where his nephew Oscar Pistorius is staying in Pretoria, South Africa, Thursday, Dec. 3, 2015.
The judge added that Pistorius did “not take that most elementary precaution of firing a warning shot”. Pistorius’ legal team had argued that Pistorius mistook her for an intruder and did not intend to kill her.
Masipa believed Pistorius, and absolved him of murder.
“Four shots into a tiny toilet when you know somebody is on the other side – that person shooting knows he is going to hit the person”.
Supreme Court of Appeal Judge Lorimer Eric Leach delivered the ruling by the five-judge tribunal in Bloemfontein and directed the North Gauteng High Court to impose a sentence. To prove dolus, the state had to prove that the perpetrator committed the act that led to the victim’s death with the intention to kill.
Then, he said this on Pistorius’ guilt.
“Justice Leach said: ‘The argument appears to have been that in the circumstances that prevailed, the accused may well have fired without thinking of the consequences of his actions”.
The minimum sentence for murder in South Africa is 15 years, but judges can apply some discretion. Leach said Pistorius was responsible for the “Shakespearean” tragedy. He speculated that prosecutors would want the sentencing process to proceed swiftly rather than let Pistorius remain under house arrest for an extended period.
His jail term hasn’t been decided, but he faces up to 15 years in prison.
Pistorius has been living with his uncle in Pretoria since being released on house arrest in October, performing community service once a fortnight under his conditions of parole.
Judge Thokozile Masipa, who heard the trial, ruled that Pistorius could not have known that Steenkamp was behind the door when he fired and acquitted him of the murder charge.
A new sentence for the Paralympic champion will be handed down at a later date.
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Steenkamp’s father told reporters that he was “satisfied” with the appeal court’s decision and that it was a “big relief”. In my opinion I think she has to recuse herself, ” he said.
