The five-year jail sentence of paralympian Oscar Pistorius for the death of his girlfriend Reeva Steenkamp was shockingly light and inappropriate, argues the State in papers filed with the High Court in Pretoria.
It says the acquittal of the athlete on a charge of murder was an error in law and another court could possibly come to a different conclusion.
The papers were filed on Tuesday in support of an application for leave to appeal against the conviction and sentence of Pistorius for the February 2013 shooting death of Steenkamp.
The double amputee was acquitted on a charge of pre-meditated murder and was instead found guilty of culpable homicide by Judge Thokozile Masipa last month. He was sentenced to five years behind bars. Pistorius will, in terms of the Correctional Services Act, qualify to be released on correctional supervision after serving a mere 10 months.
Masipa herself will hear the application for leave to appeal against her own findings. The application was filed by prosecutor Gerrie Nel on behalf of the director of public prosecutions.
In the heads of argument it is stated: “Not enough emphasis was placed on the horrendous manner in which the deceased died, coupled with the gruesome injuries she sustained when the accused shot and killed her.”
The sentence imposed was shockingly inappropriate for the accused who armed himself with the intention to shoot, walked to the bathroom and fired four shots, knowing there was a human being behind the door of the toilet, it will be argued.
It will further be argued that the court has failed to sufficiently consider that Pistorius acted with gross negligence, fired four shots using a lethal weapon loaded with Black Talon ammunition and that he shot through a locked door into a small toilet cubicle from which there was no room to escape.
“The honourable judge erred in over-emphasising the personal circumstances of the accused and the fact that the accused was suffering from post-traumatic stress, had been anxious and “seemed remorseful,” state the papers.
“There is a reasonable prospect that another court may come to a different finding with regard to the sentences imposed by this court and may in fact overturn the sentences imposed.”
As far as appealing the conviction is concerned, Nel will argue that leave for appeal should be granted as Masipa has, among other things, incorrectly applied the principles of Dolus Eventualis (that the accused should have foreseen the consequences of his actions) to the accepted facts in the case.
The manner in which Masipa applied the legal principles pertaining to circumstantial evidence and the fact that the court has not rejected Pistorius’ evidence as untruthful because he had a “plethora of defences”, will also be questioned during the appeal.
It is not yet known when Masipa will hear the application for leave to appeal. At the time of going to print it could also not be confirmed that the application will be opposed by the Pistorius defence team.
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