Pistorius is now under house arrest at his uncle’s Pretoria home. he was released from prison after serving a sixth of the initial five-year sentence he was give.
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All five justices presiding over the case at the Supreme Court of Appeal in Bloemfontein unanimously agreed on the verdict.
After shooting her four times he killed his girlfriend Reeva Steenkamp in February 2013.
Pistorius, whose lower legs were amputated when he was a baby, denies deliberately killing Steenkamp, saying he mistook her for an intruder at his home.
“I have no doubt that in firing the fatal shots the accused must have foreseen that whoever was behind door might die”, Leach said.
Responding to the verdict, Pistorius’ family said their lawyers are studying the finding and will advise them on “options going forward”.
Pistorius was released from prison and placed under house arrest on October 19, having spent one day less than a year behind bars.
Many South Africans have applauded the court’s decision on social media, saying justice has now been served for Ms Steenkamp.
Under South African law, Pistorius will be sent back to prison, the BBC reports.
“If the court finds against Pistorius, he’s got big problems as he would have to be sentenced afresh”.
Leach described the story of Pistorius and Steenkamp as a “human tragedy of Shakespearean proportions” whose legal aftermath was conducted in the glare of worldwide attention.
Judge Eric Leach says the wrong questions were asked when considering whether Pistorius is guilty of murder; dolus eventualis.
FILE – In this November 4, 2012 file photo, South African Olympic athlete Oscar Pistorius and Reeva Steenkamp arrive for an awards ceremony in Johannesburg, South Africa.
Phelps said she believed it was “quite likely” that Pistorius would take his appeal to that court, and she “wouldn’t be surprised” if the question of double jeopardy was something his legal team explored in their appeal. “The matter is referred back to the trial court to consider an appropriate sentence”.
Johann Engelbrecht, a criminal lawyer who is not involved in the Pistorius case, said it was doubtful that the former athlete s lawyers could challenge the murder conviction by appealing to the Constitutional Court.
“I think it really comes to an end now”, said Witz.
“We’ve got respect for Reeva”.
Legal expert Mannie Witz told that there don’t seem to be any reasons for this kind of appeal.
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The principle of eventualis rests on the idea that the perpetrator may have foreseen that someone would be killed by their actions, and went ahead.
