"There has been and continues to be a substantial amount of criticism of the judge's decision." Mr Hood said there is a general consensus within the legal fraternity that Judge Masipa got the verdict wrong and could have left the door open for an appeal from the prosecution over a point of law."The judge appears to be confused over what we call 'dolus eventualis' which is legal intention, or gross negligence, and negligence itself which is the test for culpable homicide," he said."She's confused the legal test for culpable homicide with the legal test for that of murder and ...it appears to be an error of law."If that is indeed the opinion of the prosecution, they can appeal this decision."Mr Hood said if it turns out not to be an error of law, it may be an area of the law that needs clarification in a higher court, so as to better reflect societal expectations.
She said Pistorius "took a conscious decision" to arm himself and shoot when he killed Steenkamp."The accused clearly wanted to use the firearm," Judge Masipa told the Pretoria High Court.
The court will return for sentencing on October 13.
The maximum sentence Pistorius now faces is 15 years.
Police had initially said Pistorious would be in court on Thursday.
That today is Valentine's day puts a macabre sheen on the murder charge, but police are still trying to figure out exactly what happened.