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Prosecution will appeal Pistorius murder verdict, sentence

Prosecutors say the trial judge misinterpreted the facts of Oscar Pistorius' killing of Reeva Steenkamp and should have been found guilty of "common-law" murder.

By Gabrielle Levy
Oscar Pistorius, shown in this file photo running in the semifinals of the Men's 400 at the London 2012 Summer Olympics on August 5, 2012, was arrested and charged with the murder of his girlfriend model Reeva Steenkamp, on February 14, 2013 in Pretoria, South Africa. UPI/Terry Schmitt
Oscar Pistorius, shown in this file photo running in the semifinals of the Men's 400 at the London 2012 Summer Olympics on August 5, 2012, was arrested and charged with the murder of his girlfriend model Reeva Steenkamp, on February 14, 2013 in Pretoria, South Africa. UPI/Terry Schmitt | License Photo

PRETORIA, South Africa, Oct. 27 (UPI) -- Prosecutors confirmed their intent to appeal Oscar Pistorius' verdict and prison sentence, handed down last week after he was convicted of culpable homicide in the death of his girlfriend.

The double amputee Olympian was found not guilty of murder last month, and given a five-year prison sentence for the culpable homicide conviction, a charge equivalent to manslaughter.

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"Oscar Pistorius judgement, NPA will be appealing both the conviction and sentence," NPA spokesman Nathi Mncube said on his Twitter feed.

"The appeal on conviction is based on the question of law," Mncube elaborated in a statement. "The prosecutors are now preparing the necessary papers in order to be able to file within the next few days."

In their appeal to trial judge Thokozile Masipa, prosecutors will argue she was wrong to clear Pistorius of murder, and failing that, that she was too lenient in her sentence.

Pistorius was cleared of both premeditated murder and "dolus eventualis," or common-law, murder charges. Critics say Masipa misinterpreted the facts on the latter charge, which in South Africa is meant to apply when someone knows they might kill someone and acts anyway, including when they mean to kill one person but end up killing another.

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Pistorius began serving his prison sentence on Oct. 21, and will be eligible in 10 months to be transferred to house arrest to complete his sentence.

He shot and killed his girlfriend, Reeva Steenkamp, in the early hours of Valentine's Day in 2013. He said he heard noises in the bathroom, and fearing an intruder, shot through the door.

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