Oscar Pistorius will find out today whether or not he will is to branded a murderer for shooting and killing his girlfriend.
This morning, the Supreme Court of Appeal (SCA) in Bloemfontein will deliver its ruling on the National Prosecuting Authority’s (NPA’s) appeal against the result of Pistorius’s murder trial.
Pistorius‚ 29‚ was acquitted of murder in September last year but was found guilty of culpable homicide. He shot and killed Reeva Steenkamp‚ who was 29, through a locked door in his Pretoria home on February 14 2013.
He claimed he fired the four shots through the toilet door fearing there was an intruder inside and that he believed his life and that of Steenkamp were in danger.
Pistorius was sentenced to five years’ imprisonment but was released into correctional supervision in October after spending close to one year in prison.
The NPA asked the SCA to reconsider certain questions of law in the case.
One of these was whether the high court in Pretoria correctly applied the principle of dolus eventualis to the facts and the conduct of Pistorius.
Dolus eventualis is a form of intent that means if a murder accused foresees the possibility that his actions might cause someone’s death, reconciled himself with that and went ahead, he would be guilty of murder.
The Pretoria High Court found that Pistorius did not foresee that he could kill someone but the prosecutors argued that his actions showed the contrary.
The defence argued that the prosecution was trying to appeal the high court’s factual findings instead of questions of law and that was not permitted by the Criminal Procedure Act.
Should Pistorius be found guilty of murder, he could be sentenced to 15 years in prison.
Oscar to hear ‘dolus’ appeal ruling today
This morning, the Supreme Court of Appeal (SCA) in Bloemfontein will deliver its ruling on the National Prosecuting Authority’s (NPA’s) appeal against the result of Pistorius’s murder trial.
Pistorius‚ 29‚ was acquitted of murder in September last year but was found guilty of culpable homicide. He shot and killed Reeva Steenkamp‚ who was 29, through a locked door in his Pretoria home on February 14 2013.
He claimed he fired the four shots through the toilet door fearing there was an intruder inside and that he believed his life and that of Steenkamp were in danger.
Pistorius was sentenced to five years’ imprisonment but was released into correctional supervision in October after spending close to one year in prison.
The NPA asked the SCA to reconsider certain questions of law in the case.
One of these was whether the high court in Pretoria correctly applied the principle of dolus eventualis to the facts and the conduct of Pistorius.
Dolus eventualis is a form of intent that means if a murder accused foresees the possibility that his actions might cause someone’s death, reconciled himself with that and went ahead, he would be guilty of murder.
The Pretoria High Court found that Pistorius did not foresee that he could kill someone but the prosecutors argued that his actions showed the contrary.
The defence argued that the prosecution was trying to appeal the high court’s factual findings instead of questions of law and that was not permitted by the Criminal Procedure Act.
Should Pistorius be found guilty of murder, he could be sentenced to 15 years in prison.
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