Pistorius sentenced to five-year jail term for killing girlfriend

October 21, 2014 02:28 pm | Updated November 16, 2021 07:12 pm IST - PRETORIA

Oscar Pistorius was sentenced on Tuesday to five years in prison for killing Reeva Steenkamp by a South African judge who cited the “gross negligence” the runner showed when he shot his girlfriend multiple times through a toilet cubicle door in his home.

Judge Masipa also sentenced Pistorius to three years in prison for unlawfully firing a gun in a restaurant in a separate incident weeks before Steenkamp’s 2013 shooting death. She ordered that sentence to be wholly suspended.

Judge Masipa delivered her ruling after reviewing prosecution arguments for a tough sentence as well as the defence case for a more lenient punishment for Pistorius.

Pistorius killed Steenkamp on Valentine’s Day in 2013, shooting her through a toilet door in his home. Pistorius testified that the shooting was an accident because he mistook his girlfriend for a night-time intruder.

Judge Masipa convicted him of culpable homicide, or negligent killing, but acquitted him of murder.

Pistorius stood as the judge announced his sentence, and then left the courtroom and walked down a flight of stairs that lead to holding cells.

Pistorius was taken away in a police van as his sentence began immediately.

Pistorius could be released after 10 months in jail to serve the remainder under house arrest, according to legal experts.

“The following is what I consider is a sentence that is fair and just both to society and the accused,” Judge Masipa said as she announced her decision.

She asked Pistorius to stand as she delivered the sentence, and the world-famous disabled runner faced her with his hands clasped in front of him.

Nathi Mncube, the prosecution spokesman, said his office is disappointed in the culpable homicide conviction and has not yet decided whether to appeal the sentence.

“We have not made up our minds whether we’re going to appeal it or not,” he said. He added that there was an “appetite” to appeal but that prosecutors have 14 days to review their options.

“We are satisfied with the fact that he will be serving some time in prison,” he said.

“It’s not only about vengeance but it is about making sure that there is a fair and just process,” he said.

Judge Masipa had a wide range of options available to her because South Africa does not have a minimum sentence for culpable homicide, which is comparable to manslaughter. Pistorius faced up to 15 years in jail, but could also have received a completely suspended sentence or house arrest.

“I am of the view that a non-custodial sentence would send a wrong message to the community,” Judge Masipa said after summarising parts of the case and explaining why she reached her decision. “On the other hand, a long sentence would not be appropriate either as it would lack the element of mercy.”

Marius du Toit, a legal analyst and criminal defence lawyer, said Pistorius would have to serve one-sixth of his sentence in prison 10 months before he could be eligible to be moved to house arrest.

“It’s an appropriate sentence,” Mr. du Toit said. He said a higher sentence would have been impossible because “you cannot elevate the sentence to murder.”

Pistorius, 27, was earlier escorted through crowds of onlookers and into the Pretoria courthouse ahead of sentencing by police officers wearing blue berets. The parents of Steenkamp, the 29-year-old model he shot in the pre-dawn hours of February 14, 2013, were also in court to hear the sentence.

The courtroom was packed, reflecting heightened media and public interest. Police officers stood guard in the aisles.

A Pistorius supporter laid three white roses near Pistorius.

“I just wanted to bestow a little bit of inner happiness on Oscar,” said the supporter.

Outside the courthouse, a man in orange garb carried chains and a large sign that read- “Are certain offenders more equal than other offenders before the law?”

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