NPA decision to appeal sentence of Oscar Pistorius

21 July 2016

The NPA has carefully considered the sentence handed to Mr Oscar Pistorius and has decided to file an application for leave to appeal in terms of section 316(1) of the Criminal Procedure Act 51 of 1977 against the sentence imposed by Honourable Judge Masipa in the Gauteng High Court, Pretoria, on 6 July 2016. The papers will be filed today, 21 July 2016.

We respectfully submit that the sentence of six years imprisonment, in all the circumstances, is disproportionate to the crime of murder committed, in casu, that is to say, shockingly too lenient, and has accordingly resulted in an injustice and has the potential to bring the administration of justice into disrepute.

We hope that this appeal will also clarify further the principles of sentencing, particularly in crime categories for which there are prescribed minimum sentences ordained by legislation, notwithstanding the fact that a judicial officer has a discretion to deviate from the minimum sentence after considering compelling circumstances.

Issued by Bulelwa Makeke, Chief Director Communications, NPA, 21 July 2016