Prosecutors must decide on appeal to Pistorius sentence within two weeks

South Africa's prosecuting authority is to decide within a fortnight whether to appeal the conviction and sentence handed down to paralympian Oscar Pistorius for the killing of his girlfriend Reeva Steenkamp.

The athlete was jailed yesterday for five years for the shooting dead of Ms Steenkamp at his home in Pretoria early on February 14th last year. He was convicted last month of culpable homicide (manslaughter), but cleared of murder and premeditated murder.

He could be discharged from custody to complete his sentence under house arrest after 10 months.

As a number of women's movements expressed disappointment at the length of the sentence given by Judge Thokozile Masipa, National Prosecuting Authority (NPA) spokesman Nathi Mncube said a decision on any appeal would be made only after a review was carried out.

“There is an appetite to appeal and we have 14 days [from yesterday] to consider the law, and ensure the facts and the law allow us to appeal,” Mr Mncube told reporters shortly after Pistorius was taken away from Pretoria High Court to begin his jail term.

Over the last two weeks prosecutors argued that a minimum 10-year term was necessary given the gross negligence involved in Pistorius’s actions. The 27-year-old says he fired four times through a toilet cubicle door because he believed an intruder had broken into his home and was hiding there.

The defence had called for community service and house arrest, saying Pistorius was a broken man financially and emotionally and that he would not survive a custodial sentence in South Africa’s notorious prison system given his disability. The athlete, known as the Blade Runner because of the carbon fibre prostheses he uses, had both legs amputated below the knee shortly after he was born.

Families’ relief

The families of both the victim and the accused yesterday appeared grateful the seven-month trial that played out in front of a global TV audience was finally over and that they could begin to move on with their lives.

The Steenkamps’ lawyer, Dup de Bruyn, said after the hearing the family was satisfied with the judge’s decision, saying “they feel it’s right”. The victim’s mother, June Steenkamp, said later the ruling had provided her with “some sort of closure”.

Pistorius's uncle, Arnold Pistorius, said it had been a "harrowing 20 months".

“This has been an incredibly hard, painful process for everyone involved,” he said. “We are all emotionally drained and exhausted.” He added that his nephew would not appeal the severity of the sentence and that he would use his time in prison as an “opportunity to pay back to society”.

Legal experts say Pistorius will become eligible to serve his sentence under house arrest after he has spent one-sixth of his jail term behind bars. This works out at 10 months in custody if the parole board deems him a suitable candidate.

‘Gross negligence’

Legal experts said that the fact the judge chose to hand down a five-year jail term was significant because under South African law a higher sentence would have made Pistorius ineligible for such a correctional services programme.

During her 90-minute delivery of sentence Judge Masipa explained that in deciding what would be an appropriate punishment she sought to find a balance between retribution, deterrence and rehabilitation.

“I am of the view that a non-custodial sentence would send the wrong message. A long sentence would also not be appropriate as it would lack the element of mercy,” she said.

She said Pistorius was guilty of “gross negligence”. He had used a lethal firearm and fired four shots into the door knowing the person inside the room could not escape. “It would be a sad day for this country if an impression were to be created that there was one law for the poor and disadvantaged and another for the rich and famous,” Judge Masipa said.

The African National Congress Women's League (ANCWL) said it was unhappy with the conviction and sentence and called on the NPA to appeal the sentence. The International Paralympic Committee said Pistorius would not be allowed to compete at any of its events for five years even if released from jail early.