Oscar Pistorius will now have to provide a compelling reason why he should not be sentenced to a minimum of 15 years in jail for murdering his girlfriend Reeva Steenkamp, a legal expert said on Thursday.<\/p>\n
“He is still serving his sentence for culpable homicide, and the sentencing will be heard afresh by the high court,” Marius du Toit, a defence lawyer and former prosecutor, told News24.<\/p>\n
“He is now facing a 15-year jail term, unless he provides substantial and compelling reasons to the high court to deviate from that.”<\/p>\n
Du Toit said it was possible that Pistorius would be able to provide a compelling reason.<\/p>\n
“He was sentenced to five years [for the culpable homicide]. I think he is capable of maybe bringing it [the murder sentence] down to a 10 year sentence, suspended for five years.”<\/p>\n
Error in law<\/strong><\/p>\n Pistorius is currently under correctional supervision at his uncle’s home in Pretoria.<\/p>\n The Supreme Court of Appeal (SCA) on Thursday replaced Pistorius\u2019s culpable homicide conviction with murder, ruling that he should have foreseen the deadly impact his four bullets would have in a small bathroom.<\/p>\n Justice Eric Leach said when handing down the judgment: “He [Pistorius] fired four shots through the door and he never offered an acceptable explanation… he fired not one, but four shots… that is exactly what the accused did.<\/p>\n “I have no doubt that in firing the fatal shots, the accused… did foresee that whoever was behind that toilet door might die.”<\/p>\n He said the trial court made an error in law in applying the principles of dolus eventualis (perpetrators foreseeing the risk of death occurring but nevertheless proceeding with the act).<\/p>\n Du Toit said the law had prevailed in the SCA judgment, and it was good to have the SCA clarify the principles of dolus eventualis.<\/p>\n Legal analyst Pierre de Vos tweeted: “The SCA judgment is also just. One cannot justify anyone killing a person without any proof that he\/she poses a real threat to you or others.”<\/p>\n News24<\/a><\/p>\n Oscar Pistorius guilty of murder: Supreme Court<\/a><\/strong><\/p>\n Oscar Pistorius ad the most complained about ever in Britain<\/a><\/strong><\/p>\n Oscar Pistorius verdict day 2 live stream<\/a><\/strong><\/p>\nMore on Oscar Pistorius<\/h3>\n