The 29-year-old double-amputee Olympian was convicted last yr of culpable murder – the corresponding to manslaughter in South African law – for killing law graduate & model Reeva Steenkamp on Valentine’s Day 2013.
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Pistorius is now out of prison under house arrest after spending a year of a five-year sentence in jail. This is the prescribed minimum sentence for murder but a lesser sentence can be imposed if there are compelling circumstances to do so.
In its ruling, the Appeal Court, said the previous verdict was “confusing and flawed”, arguing that Pistorius was aware of his actions while firing the shots which killed Steenkamp.
“Before I knew it, I’d fired four shots at the door”, he said, adding that he ran back to the bed only to find that Steenkamp was not there.
In particular, the judge ruled that Judge Thokozile Masipa was wrong in applying dolus eventualis, or legal intention, when he made a decision to fire his gun.
Judge Eric Leach told the court Pistorius was “guilty of murder, with the accused having criminal intent”.
This essentially means that Pistorius will be retunring to prison.
The case – “a human tragedy of Shakespearean proportions”, Justice Leach said – will be referred to a trial court for sentencing.
(Photo: Hannnah Peters) LONDON, ENGLAND – SEPTEMBER 08: Oscar Pistorius of South Africa celebrates winning the Men’s 400m ¿ T44 final on day 10 of the London 2012 Paralympic Games at Olympic Stadium on September 8, 2012 in London, England.
Reeva Steenkamp’s mother, June, sat quietly in the courtroom during the announcement, which was shown live on television. He was sentenced to five years in prison on October 21, 2014, but was released one year later, and instead put on house arrest.
“The legal team will study the finding and we will be guided by them in terms of options going forward”, the statement said. However, now that the culpable homicide conviction has been overturned for a higher murder charge, he will head back to do more time behind bars.
The victim’s father, Barry Steenkamp, said: “I’m satisfied with everything now”.
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It was ruled that the former model had fled to the bathroom after an argument with Pistorius.
