SOUTH AFRICA - STATE ARGUES OSCAR PISTORIUS' JAIL SENTENCE TOO 'LENIENT'

The sentence of six years imposed on Paralympian Oscar Pistorius for the murder of his girlfriend Reeva Steenkamp was shockingly lenient and over-emphasised his personal circumstances.

“There are reasonable prospects that court of appeal might increase the sentence‚” prosecutor Gerrie Nel said on Friday.

The state made these arguments in the High Court in Johannesburg as it is applying for leave to appeal against the sentence passed by Judge Thokozile Masipa in July.

While Pistorius initially served just a year of a five-year sentence for culpable homicide for the killing of Steenkamp‚ the Supreme Court of Appeal (SCA) set aside the conviction and replaced it with that of murder in December last year.

The SCA sent the matter back to the high court for sentencing‚ where Masipa imposed a six-year sentence for murder. This was a departure from the legislated minimum sentence of 15 years that should be imposed for murder.

“We emphasise that the present application ought not to be construed as an insult to this honourable court‚” Nel said.

He was responding to Pistorius’ legal team’s arguments in its papers opposing the state’s application. He said it was not necessary for the state to convince Masipa that she materially misdirected herself.

“The applicant (state) has to show that the appeal court might reasonably find that the court misdirected itself.”

Nel said the court misdirected itself by finding that aggravating factors were outweighed by mitigating factors.

“It was in the bedroom where accused had formed an intention to shoot. That particular fact is an aggravating factor.”

He said the SCA and Masipa rejected the argument that Pistorius acted in self-defence when he shot Steenkamp.

“The respondent fired four shots through the door and he never offered an explanation on why he did so‚” Nel said.

The application continues.

VIA - timeslive.co.za