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South African court to decide if Oscar Pistorius is to be convicted of murder

Oscar Pistorius during his trial at Pretoria High Court last year
Image: Oscar Pistorius during his trial at Pretoria High Court last year

A South African court will decide on Thursday if Oscar Pistorius is to be convicted of murder.

Pistorius shot his girlfriend Reeva Steenkamp through a toilet door on Valentine's Day in 2013, but claimed he thought she was an intruder who had come into his home.

The Paralympic sprinter was found guilty last year of the lesser crime of culpable homicide - a charge equivalent to manslaughter. South African prosecutors filed an appeal to upgrade the conviction to murder.

The 29-year-old has already been released from jail, being placed on parole in October.

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"The judgement will be delivered at 09:45 [local time, 7.45am UK time] on 3 December," the court registrar said in a brief emailed statement.

At the crux of the appeal case was how trial judge Thokozile Masipa interpreted the principle of "dolus eventualis" - awareness of the likely outcome of an action - under which she acquitted Pistorius of murder.

State prosecutor Gerrie Nel argued that Pistorius should be convicted of murder, saying Pistorius intended to kill whoever was behind the toilet door through which he fired four bullets.

"Firing through the door at torso level into a small cubicle... the foresight must be that someone would die," Nel told the Supreme Court of Appeal in Bloemfontein at the hearing in November.

Pistorius' lawyer Barry Roux argued that the original trial verdict could not be challenged on its factual findings.

The appeal judges could alter the original trial verdict and send the case back to the high court for a new sentence.

If Pistorius' conviction is upgraded to murder, he would face a minimum of 15 years in prison.

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