An impossible situation - how could you ever prove beyond a reasonable doubt that Oscar Pistorius knew that his girlfriend was in the toilet.

His actions in calling for help immediately after the shooting together with the fact that she was still alive when that help arrived also makes it difficult to prove an intent to kill.

I think we may find whether or not the judge actually believes OP intended to kill despite the prosecutions inability to prove this when she hands down the sentence - she has a very wide spectrum of penalties she can impose.