The judge who sent Oscar Pistorius to jail for effectively less than a year for killing his girlfriend will have to reconsider the athlete’s punishment – this time for the crime of murder.The Supreme Court of Appeal (SCA) yesterday reversed Pistorius’s conviction on culpable homicide and found him guilty of murdering Reeva Steenkamp.
It referred the case back to the trial court, which was the high court in Pretoria, to reconsider the sentence.
The court did not say whether Pistorius should return to prison pending his re-sentencing or remain under correctional supervision, living at his uncle Arnold's luxury home in Waterkloof, Pretoria.
Pistorius was released in October after about a year in prison. Judge Thokozile Masipa had sentenced him to five years in jail but made the sentence subject to a provision that allowed him to apply for a conversion to correctional supervision after serving one sixth of his sentence.
National Prosecuting Authority (NPA) spokesman Luvuyo Mfaku said he could not comment on what would happen to Pistorius pending the new sentencing hearing. He said the NPA and other stakeholders had to look at the court’s order and find a way forward. Mfaku said the Pretoria High Court would have to conduct a fresh sentencing hearing and again hear evidence in aggravation and mitigation of sentence but he could not say when this would happen. “We will be guided by the registrar who will check the availability of the judge and the parties involved.”
It is unlikely to happen this year, because the high courts are on recess from December 14 to January 24 next year.
Pistorius faces a possible jail term of 15 years, which is the prescribed minimum sentence for murder. A court may, however, impose a lesser sentence if there are “substantial and compelling circumstances” that would make it in the interests of justice.
The time already served by Pistorius will be taken into account, Justice of Appeal Eric Leach said in delivering the court's ruling.
The Pistorius family said in a brief statement it would not comment..
New sentence for Oscar, this time for murder
The Supreme Court of Appeal (SCA) yesterday reversed Pistorius’s conviction on culpable homicide and found him guilty of murdering Reeva Steenkamp.
It referred the case back to the trial court, which was the high court in Pretoria, to reconsider the sentence.
The court did not say whether Pistorius should return to prison pending his re-sentencing or remain under correctional supervision, living at his uncle Arnold's luxury home in Waterkloof, Pretoria.
Pistorius was released in October after about a year in prison. Judge Thokozile Masipa had sentenced him to five years in jail but made the sentence subject to a provision that allowed him to apply for a conversion to correctional supervision after serving one sixth of his sentence.
National Prosecuting Authority (NPA) spokesman Luvuyo Mfaku said he could not comment on what would happen to Pistorius pending the new sentencing hearing. He said the NPA and other stakeholders had to look at the court’s order and find a way forward. Mfaku said the Pretoria High Court would have to conduct a fresh sentencing hearing and again hear evidence in aggravation and mitigation of sentence but he could not say when this would happen. “We will be guided by the registrar who will check the availability of the judge and the parties involved.”
It is unlikely to happen this year, because the high courts are on recess from December 14 to January 24 next year.
Pistorius faces a possible jail term of 15 years, which is the prescribed minimum sentence for murder. A court may, however, impose a lesser sentence if there are “substantial and compelling circumstances” that would make it in the interests of justice.
The time already served by Pistorius will be taken into account, Justice of Appeal Eric Leach said in delivering the court's ruling.
The Pistorius family said in a brief statement it would not comment..
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