South Africa: State to appeal Pistorius’ sentence

South Africa’s National Prosecuting Authority (NPA) on Thursday announced that it will appeal Oscar Pistorius’ six-year jail sentence.

The North Gauteng High Court in Pretoria earlier this month sentenced the double-amputee to six years’ imprisonment for the 2013 murder of his girlfriend Reeva Steenkamp.

He was initially sentenced to five years in jail after being found guilty of culpable homicide in 2014. However, the Supreme Court of Appeal overturned that conviction and replaced it with one of murder. The State was seeking a prison term of 15 years. He has already served one year in jail.

The NPA on Thursday said it had decided to file an application for leave to appeal in terms of section 316(1) of the Criminal Procedure Act 51 of 1977.

“We respectfully submit that the sentence of six years imprisonment, in all the circumstances, is disproportionate to the crime of murder committed…that is to say, shockingly too lenient, and has accordingly resulted in an injustice and has the potential to bring the administration of justice into disrepute,” said NPA spokeswoman Bulelwa Makeke.

“We hope that this appeal will also clarify further the principles of sentencing, particularly in crime categories for which there are prescribed minimum sentences ordained by legislation, notwithstanding the fact that a judicial officer has a discretion to deviate from the minimum sentence after considering compelling circumstances,” Makeke added.

While handing down her judgement on 8 July, Judge Thokozile Masipa said a long term of imprisonment would not serve justice in this matter. “The accused has already served 12 months, he is a first offender and he is not likely to re-offend.”

The judge, who described the case as “difficult” and Pistorius as “a fallen hero”, said the life of the deceased would never be brought back. “The facts considered are the gravity of the offence, the interests of society, and the rights of the deceased and the accused.”

Both of Pistorius’ legs were amputated below the knee when he was 11 months old. He was the first athlete to compete at the Paralympic games and Olympic games, competing in sprint events for below-knee amputees in Paralympic events, and in non-disabled sprint events.

At the 2011 World Championships in Athletics, Pistorius became the first amputee to win a non-disabled world track medal. At the 2012 Summer Olympics, Pistorius became the first double leg amputee to participate in the Olympics.

He is currently incarcerated at Pretoria’s Kgosi Mampuru prison along with 7,000 other inmates.

Photo credit: The week

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