By Paul Osborne

A decision on whether Oscar Pistorius' sentence can be appealed has been delayed until tomorrow ©Getty ImagesA decision on whether the sentence handed to Oscar Pistorius can be appealed has been delayed until tomorrow.

Judge Thokozile Masipa sentenced the six-time Paralympic gold medallist to five-years in prison for shooting dead his girlfriend Reeva Steenkamp last Valentine's Day.

State prosecutors today appealed against the culpable homicide verdict and five-year prison term, labelling it "shockingly inappropriate".

But Judge Masipa adjourned the appeal hearing until tomorrow, saying she wanted more time to consider the arguments.

The double-amputee sprinter had been charged by the prosecution with the premeditated murder of Steenkamp, a model and law graduate.

He was acquitted of this charge and the lesser murder charge of dolus eventualis by High Court Judge Masipa in her original sentencing in October.

In South African law dolus eventual applies if the accused knew they might kill someone but still went ahead with their course of action.

Judge Thokozile Masipa sentenced Oscar Pistorius to five years in prison for culpable homicide after shooting dead his girlfriend Reeva Steenkamp last year ©Getty ImagesJudge Thokozile Masipa sentenced Oscar Pistorius to five years in prison for culpable homicide after shooting dead his girlfriend Reeva Steenkamp last year ©Getty Images



Judge Masipa's decision to rule out murder was criticised by several legal experts and the Women's League of the ruling African National Congress (ANC) as an erroneous interpretation of the law.

Prosecutors echoed this sentiment in court today with Gerrie Nel arguing that the judge had shown "over-exaggerated" mercy for Pistorius.

He added: "The sentence for what the accused did is inappropriate.

"It does not fit the crime.

"There is a very good prospect that we may convince an appeal court that the shortest possible incarceration in a case like this, my lady, is shockingly inappropriate."

Pistorius, who is currently serving his time in the hospital wing of Pretoria's infamous Kgosi Mampuru II prison, was not in court today.

He was represented by his defence lawyer Barry Roux who argued that it was "incorrect" to declare the athlete's sentence as too light.

He added: "Their problem is they don't like your factual finding.

"They don't appreciate that.

"You absolutely, correctly applied the law."

Judge Masipa said she would give her ruling at 9.30am local time tomorrow.

Should she grant the appeal, the case will be heard in South Africa's supreme court of appeal in Bloemfontein, the country's judicial capital.

Contact the writer of this story at [email protected]


Related stories
October 2014: Prosecutors to appeal verdict and sentence given to Oscar Pistorius
October 2014: Oscar Pistorius banned by International Paralympic Committee after five-year jail sentence
October 2014: Pistorius sentenced to five years in jail for killing girlfriend
October 2014: Pistorius to learn fate next week after court hears final arguments
October 2014: Pistorius "needs to pay for what he's done", says Steenkamp's cousin