Case file · High Court, Gauteng Division, Pretoria, and Supreme Court of Appeal, South Africa
Oscar Leonard Carl Pistorius: charges, verdict and sentence
Oscar Pistorius was acquitted of murder at trial in 2014 and convicted of culpable homicide for the 2013 shooting death of his partner, receiving five years. On a prosecution appeal the Supreme Court of Appeal replaced that verdict with murder in December 2015, and in November 2017 it increased his sentence from six years to 13 years and five months. He was released on parole effective 5 January 2024, the Department of Correctional Services said, and will be supervised until his sentence expires in 2029.
Charges and outcomes
| Charge | Outcome | Date |
|---|---|---|
| Murder (count 1)1 | Convicted | 3 December 2015 |
| Culpable homicide (trial verdict on count 1, later set aside)1,5 | Conviction overturned | 3 December 2015 |
| Reckless endangerment, discharging a firearm in a restaurant5,6 | Convicted | 12 September 2014 |
| Two further firearms counts (unlawful ammunition, firing through a car sunroof)5 | Acquitted | 12 September 2014 |
Sentence
Five years for culpable homicide (2014), replaced after the murder conviction by six years (2016), increased on appeal to 13 years and five months (2017). Released on parole effective 5 January 2024, with the sentence expiring in December 2029.
Court record, stage by stage
- appealSupreme Court of Appeal set aside the culpable homicide conviction, substituted a conviction for murder with dolus eventualis, and referred the case back for sentence1Supreme Court of Appeal
- resentencingSentenced to six years' imprisonment for murder2High Court, Gauteng Division, Pretoria, Masipa J
- appealSupreme Court of Appeal upheld the prosecution's appeal and replaced the sentence with 13 years and five months2Supreme Court of Appeal
- appealConstitutional Court dismissed his application for leave to appeal the 13 year and five month sentence, finding it did not engage the court's jurisdiction. The order was made public on 9 April 20183Constitutional Court of South Africa
- appealParole board found he was not yet eligible for parole because he had yet to serve a minimum detention period, the Department of Correctional Services said7Correctional Supervision and Parole Board
Notable rulings
- Supreme Court of Appeal, [2015] ZASCA 204, 3 December 2015. Answered the reserved questions of law in favour of the prosecution and found him guilty of murder with intent in the form of dolus eventualis.1
- Supreme Court of Appeal, [2017] ZASCA 158, 24 November 2017. No substantial and compelling circumstances justified departing from the 15 year minimum, and the six year sentence was shockingly lenient.2
Sources
- SAFLII (Supreme Court of Appeal judgment), Director of Public Prosecutions, Gauteng v Pistorius (96/2015) [2015] ZASCA 204 (3 December 2015) · court or official record
- SAFLII (Supreme Court of Appeal judgment), Director of Public Prosecutions, Gauteng v Pistorius (950/2016) [2017] ZASCA 158 (24 November 2017) · court or official record
- TimesLIVE, Oscar Pistorius bid to appeal murder sentence dismissed (9 April 2018)
- SAnews (South African Government News Agency), Pistorius placed on parole (24 November 2023) · court or official record
- CNN Wire via WTVR, Oscar Pistorius guilty of negligent killing, one gun charge (CNN Wire) (12 September 2014)
- SAnews (South African Government News Agency), Pistorius sentenced to five years in prison (21 October 2014) · court or official record
- CNN via ABC11, Oscar Pistorius denied parole (CNN) (31 March 2023)
- Sunday World, Oscar Pistorius to be monitored until expiry of his sentence (4 January 2024)
- Associated Press via Gulf News, South African athlete Oscar Pistorius released on parole after serving 9 years (AP) (5 January 2024)
- CBS News, Oscar Pistorius released on parole after serving almost 9 years (5 January 2024)
This file describes court proceedings. It does not describe or name victims beyond the court record. Our standards.