Pistorius Case Update: Prosecution Granted Right to Appeal Conviction

By Staff Reporter - 10 Dec '14 13:44PM

The South African prosecutors have been granted the right to appeal Oscar Pistorius culpable homicide conviction on Wednesday.

Judge Thokozile Masipa , who gave the culpable homicide or manslaughter ruling carrying a 5-year sentence ruled that the Supreme Court of Appeals cannot entertain an appeal against the 5-year conviction and has to give a  commensurate sentence, which could be a minimum of 15 years, reports ABC News.

The state will have to bear the cost of appeal. It can be a case of misinterpreting the rules of dolus eventualis or murder without intent and an error in object to killing on Judge Masipa's part. The charge of dolus evenualis means that a person goes ahead with the crime even if aware it will harm the other person

The Supreme Court will also decide if she erred in accepting the changed version of events and in disregarding all circumstantial evidence.

Pistorius, 28 was charged with the murder of his girlfriend Reeva Steenkamp on Valentine's Day last year but was convicted on the lesser charge of culpable homicide and sentenced for 5 years. Pistorius had said at the time that he shot through the bathroom door killing Steenkamp  believing it was an intruder.

The prosecutors believe that the paralympian got off lightly for a serious crime.

The defense on its part opposed the ruling and said the Judge had been right the first time.

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