Court Changes Conviction of Blade Runner Oscar Pistorius from Manslaughter to
Originally, in one of the biggest murder trials watched by eyes all around the world, Judge Masipa found Pistorius guilty of culpable homicide (akin to manslaughter) rather than premeditated murder.
However, the law allows for a lesser sentence to be imposed in exceptional circumstances and the time already served by Pistorius will likely be taken into account.
“Blade Runner” Pistorius could now be sent back to jail for at least 15 years for shooting Steenkamp dead on Valentine’s Day 2013. Pistorius argued that he thought she was an intruder. “He’s got to take responsibility for what he’s done”, said June Steenkamp.
The appeals court, in looking at the form of intent in a person’s actions, or “dolus eventualis”, said in its decision on Thursday that Pistorius should have anticipated that by shooting through that door, he would be causing a death, according to reports.
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. Without intention, the killing is ruled as manslaughter, or culpable homicide as it is known in South Africa.
Today, Justice Eric Leach upgraded the conviction to murder after detailing the case and his reasons why he can not accept Pistorius’s version of events. Under this principle, the identity of the victim should not matter, the judge said.
“The legal team will study the finding and we will be guided by them in terms of options going forward”, the statement said.
“I have no doubt that in firing the fatal shots the accused must have foreseen that whoever was behind door might die.”
Pistorius, who is under house arrest at his uncle’s mansion in Pretoria, was not in the Bloemfontein courtroom for the verdict. Pistorius may remain under house arrest while he awaits the next trial which will set his new sentencing which will be at least 15 additional years. “The fact that this court has determined that certain mistakes were made should not be seen as an adverse comment upon her competence and ability”.
“We’ve got justice”, Ms Steenkamp said.