NPA: Masipa 'misdirected' when handing down Pistorius sentence

The State argues that Thokozile Masipa seemingly felt she could impose any sentence she thought appropriate.

FILE: Judge Thokozile Masipa. Picture: Pool.

PRETORIA - The State has argued Judge Thokozile Masipa materially misdirected herself in the belief she was free to impose any sentence she felt was appropriate on murderer Oscar Pistorius.

Two weeks ago, the High Court in Pretoria sentenced the former athlete for a second time after his culpable homicide conviction was overturned last year.

WATCH: Oscar Pistorius receives six years for Reeva's murder

The National Prosecuting Authority announced yesterday it intends appealing the six-year jail term handed to the former athlete earlier this month.

The State argues that Judge Masipa seemingly regarded herself as having free and unfettered discretion to impose any sentence she considered appropriate on Pistorius.

It says that in this believe, the judge overlooked the seriousness with which the legislature views the crime of murder.

The State had asked for the minimum sentence of 15 years to be imposed but Masipa found there were substantial and compelling reasons to deviate from the prescribed punishment.

But prosecutors argue that these were not listed in the judgment and consider it a procedural irregularity for Masipa not to formally record circumstances she relied on to divert from the minimum sentence.