Oscar Pistorius convicted of murder by appeals court

Pistorius was this morning convicted of murder by the Supreme Court of Appeal after the State succeeded in its bid to have the culpable homicide conviction overturned. More than a year later, South Africa’s Supreme Court of Appeal decided that Masipa “erred”, and that Oscar was instead guilty of murder.

Pistorius originally received a five-year sentence, and after spending one year in prison, he has been on house arrest since October.

The minimum sentence for murder is fifteen years, though judges have some discretion in sentencing.

“As a result of the errors of law referred to and on a proper appraisal of the facts, he ought to have been convicted not of culpable homicide on that count, but of murder”.

Judge Thokozile Masipa, issuing the ruling in court in Pretoria, also gave Pistorius a three-year suspended sentence for a firearms charge. He speculated that prosecutors would want the sentencing process to proceed swiftly rather than let Pistorius remain under house arrest for an extended period. After less than a year, under cover of darkness and without public notice, Pistorius was transferred from his prison cell in the medical ward of a Pretoria prison to his uncle’s lavish home — a red-bricked house with landscaped lawns in an affluent suburb.

“As a matter of common sense at that time the deadly shots were fired, the possibility of the departure of the individual supporting the door was certainly an apparent effect”.

He can appeal on the grounds the new ruling breaks his constitutional rights, however legal experts have said it is unlikely this would be successful and that is he is probably going back to prison.

Judge Lorimer Leach made the announcement Thursday, while Reeva’s mother, June, sat in the court in Bloemfontein.

“For us as a family, we can get on with our lives now and I hope his family can get on with their lives now”.

Pistorius killed Steenkamp at the peak of his fame, and he has since lost his glittering sports career, lucrative contracts and status as a global role model for the disabled. Pistorius argued that he thought she was an intruder.

Under the manslaughter conviction, Pistorius was sentenced to five years in jail.

In a short statement, Pistorius’s family said they will be guided by Pistorius’s legal team in terms of their next steps.

The trial of Pistorius, who became a global icon as the first double amputee to compete at the Olympics in 2012, attracted worldwide attention.

Judge Eric Leach says Pistorius failed to offer an acceptable explanation for firing four shots into his toilet cubicle door.

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.