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Tuesday 4 November 2014

PISTORIUS PROSECUTORS CHALLENGE 'SHOCKINGLY LIGHT' SENTENCE

                        Oscar Pistorius pictured on 17 October 2014


South Africa's prosecutors have filed an appeal against the "shockingly light" sentence given to athlete Oscar Pistorius, court papers show. You will recall that Last month, Pistorius began serving a five year prison sentence for the culpable homicide of Reeva Steenkamp, although he could be out in 10 months.

The sentence failed to consider the "horrendous manner" in which Ms Steenkamp was killed, prosecutors said. Prosecutors are also appealing against Pistorius' murder acquittal.
The double-amputee Olympic sprinter was charged by the prosecution with the pre-meditated murder of Ms Steenkamp, a model and law graduate.
He was acquitted of this and the lesser murder charge of dolus eventualis by High Court Judge Thokozile Masipa on 21 October.
In South African law, this charge - also known as common-law murder - applies if the accused knew they might kill someone but still went ahead with their course of action.
In papers filed with the North Gauteng High Court and published by South Africa's Eyewitness News on its website, prosecutor Gerrie Nel said Judge Masipa "erred in over-emphasising the personal circumstances of the accused and the fact that the accused was suffering from post-traumatic stress, was anxious and 'seems remorseful'.
"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," he said.
Pistorius' sentence was "shockingly light, inappropriate and would no have been imposed by any reasonable court", Mr Nel added.
Ms Steenkamp died after Pistorius fired four shots through a door at his upmarket home in the capital, Pretoria, in the early hours of Valentine's Day last year, fearing there was an intruder in the house.
The athlete was also given a three-year suspended sentence for firing a gun in a restaurant.
The prosecution had called for him to be given the maximum 15-year sentence for culpable homicide, or manslaughter. Pistorius is currently serving his sentence in the hospital section of Pretoria's Kgosi Mampuru II jail.
He can apply to serve the rest of his sentence under house arrest after 10 months in prison. After the verdict, his family said that he would not appeal.
 

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