Share

State takes 'lenient' Pistorius sentence to the SCA

Johannesburg - The Gauteng Director of Public Prosecutions (DPP) has made an application at the Supreme Court of Appeals against the six-year jail sentence handed down to convicted murderer Oscar Pistorius.

In the appeal, led by prosecutor Advocate Gerrie Nel, court papers state that during the State's initial application to appeal the sentence, adequate reasons were not given by the court for why it had been rejected.

"The court did not delineate reasons for dismissing the application, but merely made, with respect, a bald finding," court papers read.

The State argued that the court found that Pistorius fired fatal shots with the intention to kill regardless of who was behind his bathroom door.

Nel further said in court papers that while the High Court judgment pointed to "substantial and compelling" circumstances which justified Pistorius' six-year sentence - the judgment did not go into specifics for the lesser prison sentence.

"There was a fatal lack of proportionality in the disturbingly inappropriate nature of the sentence as well as the material misdirections occasioned by the court in imposing [the] sentence."

No remorse

The State added that the High Court sentencing "gave scant consideration" to aggravating factors; which included that: Pistorius used a lethal weapon; fired not one, but four shots through the toilet door; Pistorius fired into a small space knowing the person had nowhere to go and never fired a warning shot.

The State added that the court failed to take into account that Pistorius never offered an acceptable explanation for having fired four shots.

Pistorius was sentenced to six years in prison after being found guilty of murdering his girlfriend Reeva Steenkamp on appeal in December 2015. He had initially received a five-year sentence for culpable homicide in 2014.

The jail term was less than half the 15 years sought by prosecutors, who said Pistorius had shown no remorse for the 2013 shooting.

We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Voting Booth
Should the Proteas pick Faf du Plessis for the T20 World Cup in West Indies and the United States in June?
Please select an option Oops! Something went wrong, please try again later.
Results
Yes! Faf still has a lot to give ...
67% - 925 votes
No! It's time to move on ...
33% - 451 votes
Vote
Rand - Dollar
18.82
+1.0%
Rand - Pound
23.49
+1.3%
Rand - Euro
20.12
+1.4%
Rand - Aus dollar
12.29
+0.9%
Rand - Yen
0.12
+2.3%
Platinum
922.60
-0.3%
Palladium
962.50
-2.8%
Gold
2,337.44
+0.2%
Silver
27.27
-0.6%
Brent Crude
89.01
+1.1%
Top 40
69,358
+1.3%
All Share
75,371
+1.4%
Resource 10
62,363
+0.4%
Industrial 25
103,903
+1.3%
Financial 15
16,161
+2.3%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE