A South African appeals court has convicted Oscar Pistorius of murder, overturning a lower court’s manslaughter conviction.
The double-amputee Olympian had previously been convicted on the lesser charge of manslaughter for shooting his girlfriend to death in 2013.
Justice Lorimer Leach of the Supreme Court of Appeal delivered the ruling by the five-judge appeals court today in Bloemfontein and said the trial court, the North Gauteng High Court, should impose sentence.
Pistorius killed girlfriend Reeva Steenkamp in the early morning of Valentine’s Day.
He insisted he thought she was an intruder behind a door in his home.
The prosecution said Pistorius shot Ms Steenkamp during an argument.
Mr Leach said, regardless of who might have behind the door, Pistorius should have known someone could be killed if he fired.
“The accused ought to have been found guilty of murder,” Justice Leach said to the courtroom, in which Miss Steenkamp’s mother sat.
A 15-year prison sentence is the minimum punishment for murder in South Africa. However, the law allows for a lesser sentence to be imposed in exceptional circumstances.
Pistorius was placed under house arrest in October after serving one year in prison.
He had been sentenced to five years in prison for manslaughter.
His lawyers can also argue that he should be shown leniency because he is disabled.
Pistorius, 29, killed Miss Steenkamp in the early morning of Valentine’s Day. He said he thought she was an intruder behind the door of a bathroom in his home.
The prosecution said Pistorius shot Miss Steenkamp during an argument.
Justice Leach said regardless of who might have been behind the door, Pistorius should have known someone could be killed if he fired.
“The identity of his victim is irrelevant to his guilt,” the judge said.
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.
Reeva Steenkamp’s mother, June, sat quietly in the courtroom during the announcement, which was carried on TV. Pistorius was not there.
Pistorius, a multiple Paralympic champion, became one of the world’s most famous athletes and the first amputee to run at the Olympics and the able-bodied world championships.
He was known as “Blade Runner” for his carbon-fiber running blades.
Discover more from London Glossy Post
Subscribe to get the latest posts sent to your email.
