Chief magistrate Desmond Nair has ruled that Oscar Pistorius's bail application will be treated as a Schedule Six offence for now.
Nair ruled that at this point in time he cannot completely exclude that if there was not pre-meditation then there was planning.
This means that Pistorius' legal teams will have to prove exceptional circumstances for him to be released on bail, and he will face a sentence of life in prison if found guilty.
Nair says if, after he has heard all the evidence during the bail application and then decides it is a Schedule six offence, the legal teams will then have to argue the point.
Earlier, Pistorius's lawyers denied that their client had planned to kill his girlfriend, Reeva Steenkamp.
Advocate Barry Roux has told the packed Pretoria Magistrate's court that Pistorius will tell the court in detail what happened the night Steenkamp was shot in his house at the Silverwood Estate, east of Pretoria.
Pistorius is applying for bail following his arrest on Valentine's day for the alleged murder.
Pistorius has again broken down in tears, he is struggling to control his emotions as the two legal teams present their arguments before chief magistrate, Desmond Nair.
Advocate Barry Roux has told the court Pistorius did not know that Steenkamp was in the bathroom. The defence will present evidence to that fact.
Roux says the state has no evidence that the murder was pre-meditated.
Earlier, State Prosecutor, Gerrie Nel told the court that Pistorius shot Steenkamp three times through a locked bathroom door.
He says Pistorius knew that Steenkamp was in the house as she had arrived late in the afternoon, the night before. Thus, he knew she was in the house.
Her overnight bag was there and a cosmetic bag was left in the bathroom.