Pistorius: The Charges And Possible Sentences

Written By Unknown on Kamis, 11 September 2014 | 10.52

If the judge convicts Oscar Pistorius of the pre-meditated murder of his girlfriend Reeva Steenkamp, he faces a lifetime in jail with no possibility of parole for 25 years.

But the judge can give a reduced sentence if she finds "substantial or compelling evidence".

State prosecutors have insisted that the shooting involved a level of planning in that the runner had time to arm himself, disable the gun's safety catch, walk down the bedroom corridor towards the bathroom and fire four times into the toilet cubicle - a period in which he had time to consider what he was doing and the effects of his actions.

If Judge Thokozile Masipa finds no evidence of premeditation, she could consider finding him guilty of a legally less serious form of murder: that he fired the shots intending to kill, but did not plan it.

The prosecution has argued that even if he didn't plan it, he believed there was an intruder in the toilet cubicle and fired his gun intending to kill whoever was behind the door - making him guilty of murder.

Oscar Pistorius Live Coverage Promo

If the judge agrees, the athlete faces a minimum mandatory jail sentence of 15 years in prison - which is, again, unless the defence provides "substantial and compelling" reasons to deviate from the prescribed sentence.

This does give Judge Masipa the option of finding Oscar Pistorius guilty of murder but free to impose an alternative to jail, such as correctional supervision or a suspended sentence.

But the judge may find the state has not proved beyond a reasonable doubt that the runner intended to kill. If so, she cannot convict on murder but may consider a verdict of culpable homicide - known as manslaughter in other countries.

Pistorius verdict His trial has attracted considerable media attention from around the world

This is where the court rejects the state's contention that the accused intended to kill, but finds him guilty of killing through negligence.

The prosecution has argued that Oscar Pistorius was grossly negligent, as no reasonable person would have fired four times through a door after hearing a noise, especially without ascertaining who was behind the door first.

There is no minimum sentence for culpable homicide in South African law, which allows the judge to look at options including a jail sentence, a suspended jail sentence, correctional supervision and even a financial penalty - or a combination of several of those options.

Paralympic track star Oscar Pistorius arrives for the closing arguments in his murder trial, at the high court in Pretoria The double amputee arrives for closing arguments in Pretoria last month

But even if the athlete is acquitted on the murder charge, he still faces the possibility of a jail sentence on the other three charges.

The two charges of illegally discharging a firearm in a public place carry a maximum sentence of five years in jail each if he is found guilty, but no minimum sentence.

Meanwhile, the final charge of illegally possessing ammunition carries a maximum sentence of 15 years, but again there is no minimum sentence.


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