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Oscar Pistorius gets five years for culpable homicide of girlfriend

South African Olympian will serve at least 10 months behind bars, could then be placed under house arrest

South African Olympic and Paralympic sprinter Oscar Pistorius was sentenced to five years in prison on Tuesday for killing his girlfriend Reeva Steenkamp, ending a trial that has gripped South Africa.

As judge Thokozile Masipa read out her decision on Pistorius' Sept. 12 culpable homicide conviction, the 27-year-old stood in the dock with little reaction

Steenkamp, a 29-year-old law graduate and model, died almost instantly on Valentine's Day last year when Pistorius shot her three times through a locked bathroom door at his luxury Pretoria home.

Masipa also sentenced Pistorius to three years in prison for unlawfully firing a gun in a restaurant during a separate incident just weeks before Steenkamp’s death. She ordered that sentence to be wholly suspended for five years so long as Pistorius is not found guilty of another firearm offense.

Pistorius' only reaction was to wipe his eyes before two police officers led him down to the holding cells beneath the High Court in the heart of the South African capital Pretoria. His prison term began immediately.

He could be released after 10 months in jail to serve the remainder of his sentence under house arrest, according to legal experts.

Masipa — only the second black woman to rise to the bench — stressed the difficulty of arriving at a decision that was "fair and just to society and to the accused.”

The 67-year-old also rebuffed suggestions that Pistorius — a wealthy and influential white man — might be able to secure preferential justice despite the "equality before law" guarantee enshrined in South Africa's post-apartheid constitution.

"It would be a sad day for this country if an impression were created that there is one law for the poor and disadvantaged, and one law for the rich and famous," she said.

Masipa delivered her ruling after reviewing prosecution arguments for a tough sentence as well as the defense case for a more lenient punishment for Pistorius. She said it was a balancing act after defense lawyers had argued that Pistorius had already suffered emotionally and financially after what he called an accidental killing.

Masipa last month convicted Pistorius of culpable homicide, but acquitted him of murder after he testified he mistook Steenkamp for a nighttime intruder. There are no juries in South Africa’s legal system.

The ruling African National Congress' Women's League, which has made efforts to tackle violence against South African women, immediately called for an appeal by the state against the culpable homicide conviction.

However, Steenkamp's family said it was satisfied.

"Justice was served," family lawyer Dup De Bruyn told reporters outside the court. The judge had given "the right sentence", he said.

Nathi Mncube, spokesman for the prosecution, said his office was disappointed in the culpable homicide conviction and has not yet decided whether to appeal the sentence.

"We have not made up our minds whether we're going to appeal it or not," he said. He added that there was an "appetite" to appeal but that prosecutors have 14 days to review their options.

"We are satisfied with the fact that he will be serving some time in prison," Mncube said.

Masipa had a wide range of options available to her because South Africa does not have a minimum sentence for culpable homicide, which is comparable to a manslaughter in the United States. Pistorius faced up to 15 years in jail, but could also have received a suspended sentence or house arrest.

"I am of the view that a non-custodial sentence would send a wrong message to the community," Masipa said after summarizing parts of the case and explaining why she reached her decision. "On the other hand, a long sentence would not be appropriate either as it would lack the element of mercy."

Marius du Toit, a legal analyst and criminal defense lawyer, said Pistorius would have to serve one-sixth of his sentence in prison — 10 months — before he could be eligible to be moved to house arrest.

"It's an appropriate sentence," du Toit said. He said a higher sentence would have been impossible because "you cannot elevate the sentence to murder."

The sprinter, whose legs were amputated when he was a baby due to a birth defect, became a symbol of national pride competing on graphite prosthetics in the 2012 Olympic games.

Al Jazeera and wire services

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