Blade Runner-Oscar Pistorius, 27, has been found guilty of culpable homicide equivalent to manslaughter in many jurisdictions over the Valentine’s Day shooting of his girlfriend- Reeva Steenkamp.
The maximum sentence for culpable homicide in South African law is 15 years, but there is no minimum sentence. The maximum possible sentence for the firearms charge of which Pistorius is guilty is five years.
Pistorius arrived at court surrounded by bodyguards and pushed his way through the throng of media to get inside the Pretoria High Court, presided over by Judge Thokozile Masipa who cleared him yesterday of premeditated murder and dolus eventualis (which is Latin for ‘indirect intent’).
Since Yesterday, several South African legal experts have spoken, disagreeing with Judge Thokozile Masipa.
Stephen Tuson, a law professor at Johannesburg’s University of Witwatersrand, said the state would arguably be able to appeal on dolus eventualis. Hetold Bloomberg News that ‘How can you shoot four bullets through a door and not foresee their death?’
Criminal lawyer Martin Hood reportedly said ‘I’m shocked. I think she’s going to get quite a lot of criticism from the judiciary and the legal system.
‘This could really open the door to systematic abuse of our legal system by people who shoot their partners and claim self-defence.
‘If someone can shoot in an irresponsible manner, and even in a negligent manner and not be held accountable to the fullest extent of the law, then it means that we are not able to use the law as a tool to address violent crime in this country.’
Prosecutor Gerrie Nel – who had mauled Pistorius so viciously as he struggled in the witness box – was last night said to be waiting for Judge Masipa to hand down her final verdicts, before considering an appeal on her interpretation of the law.
Though we do not expect to hear the sentencing today, Pistorius’ bail is being considered at the moment. Pistorius’s lawyer-Barry Roux argues that the athlete’s bail should be continued and that Pistorius was previously on bail for a very serious charge of premeditated murder and did not attempt to escape. Roux argues that there is therefore no reason not to continue with his bail.
Prosecution lawyer Gerrie Nel argues that Pistorius should not be granted bail.
httpv://www.youtube.com/watch?v=sSSBfM9y-m4
After the lunch break, Judge Thokozile Masipa returned to decide on Oscar Pistorious’ bail—saying, Pistorious bail should continue on the same conditions until the day of sentencing. So Oscar is free to walk home and return to Court for his sentence.
Even though the defence conceded that the accused had been found guilty of a serious offence, it submitted that the State had not discharged the onus that it was not in the interest of justice that the accused’s bail be submitted, the judge said.
Interestingly, reporters familiar with South African Courts believe Oscar Pistorius won’t go to jail, partly because he’s a first time offender—so we are looking at suspended sentence or a FINE.
Sentencing is set for 13th October, 2014.