Oscar Pistorius would have to stand trial for murder, after state prosecutors won their appeal for his culpable homicide charge to be set aside.

Pistorius was found guilty of culpable homicide last year, after he shot his then girlfriend; model Reeva Steenkamp, on Valentine’s day 2013. The trial judge ruled Pistorius should stand trial for culpable homicide rather than murder, and thus the athlete was sentenced to five years in prison after being found guilty.

He has since been released on house arrest, after serving a fifth of his sentence.

South Africa’s Supreme Court of Appeal, which heard the motion for the amended charge, ruled that trial judge Thokozile Masipa erred in applying the rule of dolis eventualis- whether Pistorius knew that a death would be a likely result of his actions.

The defence argued that Pistorius thought there was an intruder in the house, hence why he shot- but the judges argued that the identity of the person was irrelevant.

Pistorius would thus have to stand trial again, this time for murder.