Pistorius in court to discover if he will be imprisoned

Disgraced South African track star Oscar Pistorius returns to court today to find out whether he will spend years in prison for the negligent killing of his girlfriend, or walk free.

After a six-month, on-off trial that captivated South Africa, and millions around the world who admired Pistorius as a symbol of triumph over physical adversity, opinion is starkly divided on the eventual outcome.

A non-custodial sentence would likely spark public anger, fuelling a perception among black South Africans that wealthy whites can secure preferential justice.

The Paralympic and Olympic athlete, whose lower legs were amputated as a baby, was convicted of culpable homicide last month for the Valentine’s Day shooting of law graduate and model Reeva Steenkamp (29).

Judge Thokozile Masipa cleared the 27-year-old of the more serious charge of murder, saying prosecutors failed to prove Pistorius' intent to kill when he fired four 9mm rounds through a toilet door, in what he said was the mistaken belief an intruder was behind it.

A murder conviction would have almost certainly carried a jail sentence. Culpable homicide, South Africa’s equivalent of manslaughter, can be punished by anything from 15 years in jail to a suspended sentence or community service.

In a front-page headline on Friday, South Africa's Times newspaper cited experts saying: "Oscar won't go to jail." Conversely, Johannesburg's Star said he was likely to get as many as 10 years behind bars, with a portion suspended.

At the sentencing hearing, Ms Masipa is likely to hear arguments from prosecution and defence, for up to a day each, and psychological and probation experts before making her ruling.

The decision by Judge Masipa to absolve Pistorius of murder drew criticism from legal experts and the public in a country infamous for violence, particularly against women.

Professional criticism centred on the legal notion of intent whereby a person is held responsible for the foreseeable consequences of their actions. At the trial prosecutors showed a written firearms licence test in which Pistorius acknowledged using lethal force against an intruder was only allowed if there was a direct threat to life.

The state could yet decide to appeal the culpable verdict in pursuit of a murder conviction. In South Africa, an appeal cannot be launched until sentencing concludes. – (Reuters)