Oscar Pistorius has been found guilty of murder by the Supreme Court of Appeal (SCA). The decision by the SCA was a unanimous decision. The case had been taken to the SCA by the state appealing Pistorius’ culpable homicide conviction arguing that he should have been convicted of murder instead.
Oscar Pistorius had been convicted of culpable homicide after he shot and killed his girlfriend Reeva Steenkamp on valentines days in 2013. Pistorius argument was that he thought his girlfriend was an intruder and that he was protecting himself.
The state had appealed the conviction arguing that Judge Thokozile Masipa incorrectly applied the legal principle of “dolus eventualis”. In giving its ruling the SCA said the application of dolus eventualis had been incorrectly applied and the court did not properly consider all the evidence. It was also said that in firing the shots Oscar Pistorius must have foreseen that he was gambling with a life and the identity of the person behind the door was irrelevant.
With the SCA ruling in favour of the state the matter will now go back to the High Court for the judge to rule on Oscar Pistorius’ sentence.
Pistorius had been released from prison in August after serving one year of his five year sentence and was due to serve the remainder under house arrest.