The term seems to be pretty clear, except it wasn't. That's why Oscar Pistorius is serving 10 months instead of 10 years.
The Week UK reported that the appeal that the prosecution in the Oscar Pistorius case over both the verdict and sentence stems from Judge Thokozile's interpretation of the term, "murder dolus eventualis," which was the basis for her decision to imprison Pistorius five years for the killing of girlfriend Reeva Steenkamp.
"Murder dolus eventualis" deems that a perpetrator foresees the possibility of his action causing death and carries out the act anyway.
According to The Week, "Masipa accepted that a 'reasonable' person would have foreseen that shooting into the door of a small toilet cubicle may have killed the person inside. However, she said South African law warns against automatically assuming that because a perpetrator 'should have' foreseen the consequences of his actions that he actually did.
Reeva Steenkamp's parents preparing for a contentious meeting with Oscar Pistorius
The judge's interpretation of the law does seem to contradict itself.
If the reasonable person does foresee that shooting into the door of the toilet cubicle could kill a person, then why would South African law then suggest that it shouldn't be assumed that the reason person understands he could be causing a death?
The contradiction would seem to work in the prosecution's favor, but CNN reported that appeals courts in South Africa don't usually get involved in sentencing decisions. The appeals process could take as long as six months.
South African law mandates that Pistorius will have to serve one-sixth of his sentence, which is 10 months. Of course, had prosecutor Gerrie Nel succeeded in securing a 10-year prison sentence, that means that Pistorius would serve 20 months.
If the prosecution is aiming to tack those five years onto the verdict, are the 10 extra months worth the effort? Are 20 months that much more satisfactory a sentence for Pistorius?
Do you think the prosecution in the Oscar Pistorius trial should be pursuing an appeal of the verdict and sentence? Comment below or tell us @SportsWN.
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