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Pistorius prosecutors challenge 'shockingly light' sentence | Pistorius prosecutors challenge 'shockingly light' sentence |
(about 2 hours later) | |
South Africa's prosecutors have sought permission to appeal against athlete Oscar Pistorius' "shockingly light" sentence, court papers show. | |
Last month, Pistorius began serving a five year prison sentence for the culpable homicide of Reeva Steenkamp, although he could be out in 10 months. | Last month, Pistorius began serving a five year prison sentence for the culpable homicide of Reeva Steenkamp, although he could be out in 10 months. |
The sentence failed to consider the "horrendous manner" in which Ms Steenkamp was killed, prosecutors said. | The sentence failed to consider the "horrendous manner" in which Ms Steenkamp was killed, prosecutors said. |
Prosecutors are also appealing against Pistorius' murder acquittal. | Prosecutors are also appealing against Pistorius' murder acquittal. |
The double-amputee Olympic sprinter was charged by the prosecution with the pre-meditated murder of Ms Steenkamp, a model and law graduate. | The double-amputee Olympic sprinter was charged by the prosecution with the pre-meditated murder of Ms Steenkamp, a model and law graduate. |
He was acquitted of this and the lesser murder charge of dolus eventualis by High Court Judge Thokozile Masipa on 21 October. | He was acquitted of this and the lesser murder charge of dolus eventualis by High Court Judge Thokozile Masipa on 21 October. |
In South African law, this charge - also known as common-law murder - applies if the accused knew they might kill someone but still went ahead with their course of action. | In South African law, this charge - also known as common-law murder - applies if the accused knew they might kill someone but still went ahead with their course of action. |
'Gruesome' | 'Gruesome' |
"The appeal on conviction is based on the question of law," said National Prosecuting Authority spokesman Nathi Mncube in a statement. | "The appeal on conviction is based on the question of law," said National Prosecuting Authority spokesman Nathi Mncube in a statement. |
In papers filed with the North Gauteng High Court and published by South Africa's Eyewitness News on its website, prosecutor Gerrie Nel said Judge Masipa "erred in over-emphasising the personal circumstances of the accused and the fact that the accused was suffering from post-traumatic stress, was anxious and 'seems remorseful'. | In papers filed with the North Gauteng High Court and published by South Africa's Eyewitness News on its website, prosecutor Gerrie Nel said Judge Masipa "erred in over-emphasising the personal circumstances of the accused and the fact that the accused was suffering from post-traumatic stress, was anxious and 'seems remorseful'. |
"Not enough emphasis was placed on the horrendous manner in which the deceased died coupled with the gruesome injuries she sustained when the accused shot and killed her," he said. | "Not enough emphasis was placed on the horrendous manner in which the deceased died coupled with the gruesome injuries she sustained when the accused shot and killed her," he said. |
Pistorius' sentence was "shockingly light, inappropriate and would not have been imposed by any reasonable court", Mr Nel added. | |
The judge failed to sufficiently consider that Pistorius acted with "gross negligence", and had fired four shots with a gun "loaded with black talon ammunition through a locked door into a small toilet cubicle from which there was no room to escape". | |
The prosecution had called for him to be given the maximum 15-year sentence for culpable homicide, or manslaughter. | The prosecution had called for him to be given the maximum 15-year sentence for culpable homicide, or manslaughter. |
Ms Steenkamp was killed at Pistorius' upmarket home in the capital, Pretoria, in the early hours of Valentine's Day last year. | |
He said he feared there was an intruder but he did not intend to kill. | |
Mr Mncube said the application for permission to appeal was expected to be considered by Judge Masipa. | |
"If it's granted, the case will then be heard by the Supreme Court of Appeal," Mr Mncube is quoted by AFP news agency as saying. | |
Prosecutors had the option to petition the Supreme Court to hear the case if permission was refused, Mr Mncube said. | |
The athlete was also given a three-year suspended sentence for firing a gun in a restaurant. | |
Pistorius is currently serving his sentence in the hospital section of Pretoria's Kgosi Mampuru II jail. | Pistorius is currently serving his sentence in the hospital section of Pretoria's Kgosi Mampuru II jail. |
He can apply to serve the rest of his sentence under house arrest after 10 months in prison. | He can apply to serve the rest of his sentence under house arrest after 10 months in prison. |
After the verdict, his family said that he would not appeal. | After the verdict, his family said that he would not appeal. |
Inside Oscar Pistorius's home | Inside Oscar Pistorius's home |
3D animation of the apartment | 3D animation of the apartment |