Oscar Pistorius conviction set for appeal in South Africa court

Prosecutors are set to have their appeal heard on the conviction of Oscar Pistorius

A court in South Africa will on Tuesday consider the appeal over the conviction of Oscar Pistorius that could see him sent back to jail.

The former Paralympic sprinter was found guilty in September last year of culpable homicide - a charge equivalent to manslaughter - after shooting dead his girlfriend Reeva Steenkamp on Valentine's Day in 2013.

At the Supreme Court of Appeal in Bloemfontein (South Africa's highest court for non-constitutional matters), state prosecutors will try to convince five judges that Pistorius should be found guilty of murder and sentenced to a minimum of 15 years in the prison.

At his trial, the 28-year-old was sentenced to five years, and he was released on October 19 after just a year behind bars to spend the remainder of his term at his uncle's mansion in Pretoria.

The Pistorius case has received huge media attention around the world

Under South African law, an offender sentenced to five years or less in jail can be released after serving one-sixth of the term which, in Pistorius' case, was 10 months.

Pistorius, who claimed he thought Steenkamp was an intruder when he shot her, was acquitted of murder but prosecutors appealed that decision.

If his conviction is upgraded to murder by the five-judge panel at the appeal, Pistorius faces going back to prison for 15 years, the minimum sentence for murder in South Africa.

While under house arrest, Pistorius is having to live under certain conditions until his current sentence ends on October 20, 2019. He is receiving psychotherapy and is not allowed to handle any firearms.

Appeals are notoriously difficult to win because the judge's initial decision gets the benefit of the doubt. This is because she is the one who heard and saw the witnesses first-hand.

If the appeal court finds that Judge Masipa was correct, then that should be the end of legal proceedings. If the prosecution is successful in changing the conviction, then the court can do whatever it deems necessary to see that justice is done - including a different sentence.

Pistorius during his trial at Pretoria High Court last year

The state lawyers have described Pistorius' original sentence as "shockingly light, inappropriate" and said "not enough emphasis was placed on the horrendous manner" in which Steenkamp died.

A panel of five judges will hear the arguments from the state and defence, with the proceedings scheduled to last one day.

The judges are expected to announce a future date to deliver their ruling.

Pistorius, who has not been seen in public since his release on October 19, will not attend the hearing.

Watch SSNHQ on Tuesday for updates from the Supreme Court of Appeal in Bloemfontein.