Pistorius prosecutors granted appeal over conviction

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Oscarpistorius

Judge Thokozile Masipa gave the state leave to appeal the South African athlete's acquittal on the charge or murder at a hearing on Wednesday.

However, she ruled that there was no grounds for Pistorius' five-year sentence to be appealed.

Pistorius shot and killed Ms Steenkamp at his home in February 2013, shooting her through a bathroom door, claiming that he mistook her for an intruder.

He was found guilty of culpable homicide in October of this year.

Prosecutor Gerrie Nel had challenged Judge Masipa's verdict on the basis that the court had erred in its application of the law of dolus eventualis.

Under South African law a dolus eventualis murder, also known as common murder, means the accused is considered responsible for the foreseeable consequences of their actions.

In this case, Mr Nel contended that Pistorius should have realised somebody could die if shots were fired through his bathroom door. 

It had also been argued by Mr Nel that the term handed down to Pistorius for killing his girlfriend Reeva Steenkamp was "shockingly inappropriate".

The Paralympic champion had faced a maximum sentence of 15 years in prison for Ms Steenkamp's killing 

The case is now set to move to South Africa’s supreme court of appeal in Bloemfontein.

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