A resident of Oshikuyu village in the Outapi district was sentenced to an effective 30-years-imprisonment by Judge Herman January in the Oshakati High Court on Friday.
Theodor Popyeni Sebedeus (30) was 18 when he committed the offences of murder, rape, theft, arson, crimen injuria, malicious damage to property and obstructing the course of justice in May 2013.
He pleaded not guilty to the counts but was convicted by January after a lengthy trial.
According to the State, Sebedeus stole meat valued at N$10 from Ndinelao Kulo and swore at her when she demanded the money.
He also broke a container in which the meat was kept, and set her cuca shop on fire, causing damage of N$35 000.
In addition to his charges, Sebedeus was found guilty of murdering Karina Ndinelago Shololeni Iyambo and raping her on 24 May 2013. He further violated her remains by having intercourse with the corpse.
He continued to burn the clothes that had the blood of the deceased on them the following day, thereby frustrating the investigations into the death of Iyambo.
According to January, this was a gruesome and horrible murder that deserved life imprisonment – but due to the mitigating factors and the cumulative effect of the sentences, he decided against it.
He said the immaturity of the convict at the time of the offences and the fact that the offences were not pre-meditated but a spur of the moment are factors that had a bearing on Sebedeus’ blameworthiness.
According to the judge, murder and rape are serious – if not the most serious of crimes.
Everybody has a constitutional right to life. However, he said, the accused was 18 years old at the time the crimes were committed and has been in pre-trial custody for more than 10 years.
But, the judge said, while the court takes cognizance that Sebedeus was a youthful offender, he acted like a hardened criminal.
The judge further said the accused cannot be punished equal to the brutality he showed.
“It is incumbent on this court to blend your sentence with a measure of mercy and not only focus on the brutality you displayed and arrogance when committing the crimes,” said January.
In the circumstances, the court indicated it would not impose life imprisonment.
“However, considering the interest of society, your personal circumstances and the crime committed, you will have to serve custodial sentences,” said the judge.
He went on to say that he encouraged the convict to serve his sentence to reform and come out as a useful person in society upon his release.
In the end, he sentenced Sebedeus to a wholly suspended sentences of six months on the theft, crimen injuria and obstructing convictions, respectively.
The court further suspended the 12 months imposed on each count of arson and malicious damages to property convictions.
On the rape conviction, Sebedues was sentenced to 15 years, of which five years were suspended.
On the murder conviction, the court imposed a sentence of 25 years, of which five years was suspended.
This gives Sebedeus an effective 30-year imprisonment.
– rrouth@nepc.com.na