Pistorius given five years in jail

21 October 2014 Last updated at 10:36

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Judge Thokozile Masipa hands down the sentence

South African athlete Oscar Pistorius has been given five years in jail for killing his girlfriend Reeva Steenkamp.

Judge Thokozile Masipa also gave Pistorius a three-year suspended sentence for a firearms charge.

The parents of Reeva Steenkamp told the BBC they were happy with the sentence and relieved the case was over. The defence said it expected Pistorius to serve about 10 months in prison.

Pistorius was convicted of culpable homicide but cleared of murder.

Prosecutors had called for a minimum 10-year term, and the defence had argued for community service and house arrest.

'Feeling of unease'

Defence lawyer Barry Roux said his client was expected to serve 10 months in prison, with the rest under house arrest.

Also reacting to the sentence, Dup De Bruyn, a lawyer for the Steenkamp family, told Reuters that "justice was served".

The BBC's Nomsa Maseko, outside court, says opinion there was divided on the sentence, with some saying it was too light, others that it was fair.

She says Pistorius will be evaluated over the next few hours in prison to decide where he will be staying based on his disability.

Judge Masipa had begun reading the sentence by saying that, although she had been aided by assessors, the decision was hers and hers alone.

She said: "Sentencing is about achieving the right balance. Sentencing is not a perfect exercise."

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She said there must be a balance between retribution, deterrence and rehabilitation.

The judge then summarised the evidence brought before the trial.

She described the evidence of defence witness and social worker Annette Vergeer as "slapdash and disappointing".

Ms Vergeer had argued Pistorius would be "a lot more vulnerable than the normal man" in jail.

But Judge Masipa said she was sure prisons were equipped to cater for the requirements of a special needs inmate.

She also said she had a "feeling of unease" at what she called an overemphasis on the athlete's vulnerability.

However, she said Pistorius had made an "enormous contribution to society", in his charity work and in changing the public perception of disability.

The judge then read out a quote from previous legal opinion, saying that if sentences were too lenient, the administration of justice may fall into disrepute.

She said she found the suggestions of sentences made by defence witnesses "not appropriate".

A non-custodial sentence would "send the wrong message to the community", she said.

The three-year suspended term was for unlawfully firing a gun in a restaurant, in a separate incident before the Steenkamp killing.

Appeals

Pistorius, 27, an amputee sprinter who became the first athlete to compete in the Olympic and Paralympic Games, killed Ms Steenkamp on Valentine's Day last year.

He says he shot her by mistake, fearing there was an intruder in his house in the capital, Pretoria.

Ms Steenkamp, a 29-year-old model, reality TV star and law graduate, was hit three times by bullets fired by Pistorius through a toilet door.

Last month, Judge Masipa cleared Pistorius of murder, but convicted him of culpable homicide, saying he had been negligent.

The high-profile, seven-month trial has captured public attention in South Africa and beyond.

There was no legal limit on the length of a jail term, but experts say the typical maximum sentence for culpable homicide is around 15 years.

However, despite the sentencing being announced, the case may not be over.

Both the prosecution and the defence have the right to appeal against the sentence.

The prosecution service said it had not yet decided.

Inside Oscar Pistorius's home

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Mr Pistorius said he and Ms Steenkamp had dinner at about 19:00 before going to bed at 21:00. He said he woke in the early hours, spoke briefly to his girlfriend and got up to close the sliding door and curtains.
Judge Thokozile Masipa questioned the reliability of several witnesses who said they heard screams and gunshots between about 03:12 and 03:17, saying most had 'got facts wrong'.
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Mr Pistorius said he heard the bathroom window sliding open and believed that an intruder, or intruders, had entered the bathroom through a window which was not fitted with burglar bars.
Mr Pistorius said he grabbed his firearm and told Ms Steenkamp, who he thought was still in bed, to call the police.
The judge said it made no sense that Ms Steenkamp did not hear him scream 'Get out' or call the police, as she had her mobile phone with her.
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Mr Pistorius could see the bathroom window was open and toilet door closed. He said he did not know whether the intruders were outside on a ladder or in the toilet.
He had his firearm in front of him, he heard a movement inside the toilet and thought whoever was inside was coming out to attack him.
'Before I knew it, I had fired four shots at the door,' he said.
The judge said she did not accept that Mr Pistorius fired the gun by accident or before he knew what was happening. She said he had armed himself with a lethal weapon and clearly wanted to use it. The other question, she said, was why he fired not one, but four shots before he ran back to the room to try to find Ms Steenkamp.
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Mr Pistorius said he went back to the bedroom and noticed that Ms Steenkamp was not there.
Mr Pistorius said this was when he realised she could have been in the toilet and rushed back to the bathroom.
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Mr Pistorius said he screamed for help and went back to the bathroom where he found the toilet was locked. He returned to the bedroom, pulled on his prosthetic legs and turned on the lights before bashing in the toilet door with a cricket bat.
When the door panel broke, he found the key and unlocked the door and found Ms Steenkamp slumped on the floor with her head on the toilet bowl. He then carried her downstairs, where he was met by neighbours.