Oscar Pistorius: The charges and possible sentences
As the Oscar Pistorius trial comes to a close we take a look at the cases put forward by the prosecution and defence and the charges and possible sentences the former athlete is facing.
Background: Oscar Pistorius prepares to learn his fate as verdict looms
The state's version of events:
The prosecution says Oscar Pistorius deliberately shot Reeva Steenkamp in the early hours of February 14, 2013 following an argument.
Key witnesses for the state have testified that they heard the screams of a woman who was in fear for her life. The state argues Pistorius has a history of being reckless with guns, coupled with a bad temper. Despite text messages revealing previous arguments between the couple, one in which Reeva said, “I’m scared of you sometimes” the state has no hard evidence of a fight on the night of the 14th of February.
Pistorius' version of events:
Pistorius argues he woke up in the middle of the night to bring in two fans from his balcony, when he heard the bathroom window open. The bedroom was pitch black and Pistorius believed Reeva was still in bed where he left her.
Pistorius did not have his prosthetic legs on at the time, feeling vulnerable and fearing for Reeva’s life, he went to get his gun from under the bed. Pistorius says he yelled for Reeva to call police as he approached the bathroom. He then heard the sound of the bathroom door closing, further confirming what he believed to be intruders in his home. Pistorius says he screamed for the intruders to get out, he then heard another sound from inside the bathroom. Fearing the intruders were coming out to attack him “without thinking” he fired four shots into the bathroom door. Pistorius claims the blood curdling screams heard by neighbors were his screams, after realising it was Reeva inside the bathroom.
The defense argued that Pistorius has General Anxiety Disorder (GAD) this, along with his inability to escape quickly without his prosthesis caused him to confront the danger, instead of fleeing. However, a 30-day psychiatric evaluation requested by the state, found that Pistorius had “no mental illness” at the time of the shooting, but now suffers from PTSD and a “major depressive disorder.”
The four charges facing Pistorius
1. Pre-meditative murder
The judge can find that Pistorius deliberately shot and killed Reeva Steenkamp. If convicted of pre-meditated murder, he could face life in prison.
A life sentence in South Africa is 25 years.
The judge can also find Pistorius guilty of 2 lesser charges:
Murder
On this charge the Judge finds that Pistorius did mean to kill the person behind the bathroom door, but with no element of planning.
If convicted of murder, Pistorius could face 15 years in prison.
Culpable homicide (Manslaughter)
The judge can find that Pistorius was acting in self-defence, but was negligent in doing so. On this charge, the judge will need to assign a degree of negligence. The higher the negligence, the longer the prison term. Under South African law, one is not allowed to shoot and kill an intruder.
If convicted on this charge, he could face up to 15 years in jail.
2 & 3. Discharging a firearm in public
First count: Pistorius allegedly discharged a firearm at Tasha's restaurant on January 11, 2013. The state argued this happened at lunchtime, when the restaurant was full and children were near their table. The charge not only points to discharging a firearm in a public place, but the reckless handling of said firearm.
Second count: Pistorius allegedly fired a gun through a car sunroof while with his girlfriend at the time, Samantha Taylor and friend Darren Fresco on November 30, 2012. This incident followed the group being pulled over for speeding.
Pistorius could face five years in prison on each count.
4. Illegal posession of ammunition
Pistorius is charged with being in possession of .38 caliber ammunition, which would be illegal because he does not have a license for a gun that takes that ammunition, or a permit to be in possession of it. Pistorius claims he was keeping the ammunition for his father, who declined to testify.
Pistorius could face up to 15 years in prison for this count.