Oscar appeal not personal - NPA

2014-10-30 19:18
Oscar Pistorius (File: Media24)

Oscar Pistorius (File: Media24)

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Pretoria – As the state prepares to launch its appeal against the conviction and sentencing of Oscar Pistorius, the National Prosecuting Authority (NPA) said it was not personal, according to eNCA.

During a TV interview prosecutions boss Mxolisi Nxasana told eNCA the appeal was a matter of principle.

On Monday the NPA announced their plans to appeal Judge Thokozile Masipa’s ruling.

Masipa had sentenced Pistorius to five years in prison, for culpable homicide.

NPA spokesperson Nathi Mncube said at the time of the announcement: "The appeal on conviction is based on the question of law. The merits and the demerits of the NPA's argument in this regard will become evident when we file papers for leave to appeal."

The Paralympian admitted to shooting his girlfriend, Reeva Steenkamp, after mistaking her for an intruder.

Steenkamp died on Valentine's morning last year.

Pistorius was also sentenced to three years' jail, suspended for five years, for discharging a firearm at Tasha's restaurant in January 2013.

According to Eyewitness News Steenkamp’s family hoped that the appeal would result in the athlete spending more than 10 month behind bars.

According to Section 276 of the Criminal Procedure Act five years means the accused serves one-sixth of the sentence, which is 10 months.

Steenkamp’s uncle, Mike, told EWN he believed that the state’s appeal meant there was a chance of something different.

Criminal law expert William Booth told News24 that he does not believe that the appeal could lead to a lesser sentence for Pistorius.

“If the state succeeds in convincing the court that this is murder in terms of the doctrine of dolus eventualis… the court could look at changing the sentence or it might even say that the sentence that is given is a fairly stiff sentence.”

The ANC Women’s League has also welcomed the NPA’s decision to appeal the conviction.

"We remain convinced that another court could have justifiably reached a conviction of murder rather than culpable homicide in this case and we thus support the NPA in their application," spokesperson Edna Molewa said.

Read more on:    npa  |  oscar pistorius  |  mxolisi nxasana  |  pretoria  |  pistorius trial

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