State lodges Pistorius appeal

Oscar Pistorius is set for release under correctional supervision this week after serving 10 months.

FILE: Oscar Pistorius. Picture: Pool.

PRETORIA - The State has lodged its appeal in the Oscar Pistorius case, arguing that the court incorrectly applied the principle of 'dolus eventualis'.

Pistorius is set for release under correctional supervision this Friday after serving 10 months of a five year sentence.

Pistorius shot and killed his girlfriend Reeva Steenkamp on Valentine's Day two years ago, claiming he thought she was an intruder.

The state's legal team has referred to the accepted facts in the case against Pistorius, in that he deliberately fired shots at the door behind which Steenkamp was standing.

It argues that if the court considers that Pistorius armed himself with the intention to shoot, while knowing there was a person behind the door and intentionally fired four shots, the only conclusion is that he intended to kill the person in the cubicle.

The state says it makes no difference that the athlete thought the person behind the door was an intruder when he opened fire with the intent to kill.

Pistorius's legal team has a month to file its responding papers.

The matter is expected to be heard in November.

WATCH: The moment Oscar Pistorius learnt his fate - Judge Tokozile Masipa hands down judgment.

Pistorius will swap a cold-walled hail cell for his uncle Arnold's plush mansion in the Waterkloof area.

While he will no longer be confined to a prison, he will be subject to strict conditions and monitored by a parole officer. It's understood Pistorius may only leave the mansion to go to church, and must be accompanied when doing so.

The parole board sat in June where it authorised Pistorius's placement under correctional supervision.

Steenkamp's parents issued a statement at the time saying, incarceration of 10 months for taking a life is simply not enough.

To read the story of Reeva Steenkamp, click here.