A South African court upheld an appeal by prosecutors that could send Oscar Pistorius to prison for at least 15 years for the killing of Reeva Steenkamp at the couple’s home.
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With damning evidence and a dead girlfriend shot four times through a closed door, Oscar Pistorius was previously sentenced to five years behind bars on a conviction for culpable homicide (comparable to American manslaughter)-establishing yet another tragedy in the death of Reeva Steencamp.
Pistorius, who was not present in court for the new ruling, has been under house arrest after spending one year of his sentence in jail.
Pistorius will have to return to court for re-sentencing after his earlier conviction for the lesser crime of culpable homicide – equivalent to manslaughter – was thrown out on appeal. The minimum sentence for murder is 15 years, but the judge does have the discretion to lower it.
In October, Pistorius was allowed to move from prison, where he served a year of his original five-year sentence, to house detention.
Oscar Pistorius fatally shot his girlfriend Reeva Steenkamp through a toilet door in 2013.
“He did not know whether that person constituted any threat”, Leach said in a damning rejection of the testimony from Pistorius and the original trial judge’s ruling. In the meantime, he’s expected to remain under the house arrest he was released to this fall while he waits for a new sentencing hearing.
The Supreme Court dismissed prosecutors’ attempt to change his conviction for culpable homicide to the more serious charge of murder.
137-c-18-(Chris Torchia (TOHR’-shuh), AP correspondent)-“back to jail”-AP correspondent Chris Torchia reports the appeals court ruling leaves Pistorius with little chance of staying out of jail”.
Under the concept of “dolus eventualis” in South African law, a person can be convicted of murder if they foresaw the possibility of someone dying through their actions and went ahead anyway.
“I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die.”
“The argument is that where there’s been a mistake in law that’s been made – that is the only reason that an incorrect verdict has been reached – it would be offensive to the interests of justice in order to allow that verdict to stand”, she said.
” ‘Let us now all get on with our lives, ‘ Barry Steenkamp said”.
However, it is unclear whether the Pistorius family can afford another lengthy court case.
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Ms Steenkamp’s mother June, who has said she does not want retribution, attended the court session. Because we have, even after three years, of trying for justice, we’ve got justice.
