Tuesday 21 October 2014 21:48, UK
Oscar Pistorius has been sentenced to five years in prison for killing his girlfriend Reeva Steenkamp.
Judge Thokozile Masipa handed down the sentence, bringing an end to a court case which has gripped South Africa for nearly eight months.
"Count one, culpable homicide, the sentence imposed is five years," she said.
In addition to the maximum five-year sentence for culpable homicide, Pistorius was handed a three-year sentence, suspended for five years, for firearms offences.
Pistorius' defence team however said they expect the athlete to serve just 10 months of the five-year sentence in jail, with the rest under house arrest. The Steenkamp family say they expect the Paralympian to serve a minimum two years in prison, and three under house arrest.
The Pistorius family have indicated that there will be no appeal against the sentence. His uncle, Arnold Pistorius, said: "The court has now handed down judgement and sentence, and we accept the judgement. Oscar will embrace this opportunity to pay back to society."
That may not be the end of this case however - the prosecution team suggested that an appeal, not against the sentence but against the original conviction, is a possibility.
"We were disappointed with the conviction of culpable homicide," said National Prosecuting Authority spokesman Nathi Mncube. "We have not made up our minds whether we are going to appeal or not. We have 14 days to consider the law and we will (need to) be sure that the facts and law will allow us to appeal."
As she summed up her deliberations, Judge Masipa said: "Having regard to the circumstances in the matter, I am of the view that a non-custodial sentence would send the wrong message to the community.
"On the other hand, a long sentence would also not be appropriate either, as it would lack the element of mercy.
"What may appear to be justice to the general public may not be justice. Society cannot always get what they want."
She said Pistorius' skill using a gun was an aggravating factor but that she also recognised his remorse.
She said he "fired not one shot but four shots into the door" of a small cubicle "with no room for escape".
She then ordered Pistorius to stand and delivered the five-year sentence. Pistorius bowed his head but otherwise showed little emotion.
The five-year prison term was welcomed by the Steenkamp family, who said through their lawyer that it was "the right sentence - justice was served today." When it was pointed out that Pistorius could be out of jail in less than a year, Steenkamp's mother June said: "It doesn't matter - he is going to pay something."
Masipa had a range of options for Pistorius' punishment after convicting the double-amputee athlete of culpable homicide, or negligent killing, but acquitting him of murder.
Masipa could have issued a suspended sentence and a fine, meaning Pistorius would not go to jail – or sentenced him to up to 15 years in jail.
Pistorius' lawyers have argued for a three-year period of correctional supervision, where the runner would spend periods under house arrest and also perform community service. Prosecutors asked the judge to send him to prison for at least 10 years, citing the "horrific" nature of Steenkamp's death after she was shot several times.
Having regard to the circumstances in the matter, I am of the view that a non-custodial sentence would send the wrong message to the community.
Masipa said at the start of proceedings that the two legal assessors who had assisted her throughout the trial, flanking her on the dais during court proceedings, were not involved in the sentence decision.
"The decision of sentence is mine and mine alone," she said.
The judge said sentencing was about "achieving the right balance" involving a number of factors, including the interests of society. Masipa said sentencing was not a "perfect exercise" and that a variety of sentences might be appropriate in some cases.
After hearing his sentence, Pistorius, the Paralympian legend, was escorted out of the Pretoria High Court by police to a holding cell before he was transferred to Pretoria's Kgosi Mampuru prison.
He killed his girlfriend on Valentine's Day last year by shooting her through the door of their bathroom. He insisted that he believed there was an intruder in the bathroom.
Oscar Pistorius will not be allowed to run in the Paralympics for the whole of his five-year jail term, even if he is released early under house arrest, a spokesman for the organisers of the event said Tuesday.
He will not be able to compete for the next five years, whether he is in jail or under house arrest.
International Paralympic Committee spokesman Craig Spence said: "On his prospects of competing, for us he would have to serve the whole term even if he was released early.
"I think it (his sentence) will have very little impact. London 2012 showed that the Paralympian movement is about more than just one man. Lots of stars were born there."
A spokesman for the International Olympic Committee said: "We take note of the court’s decision. This is a human tragedy for the family of Reeva Steenkamp and also for Oscar Pistorius. We hope very much that time will bring comfort to all those concerned but at this stage we have no further comment to make."
