Iuze Mukube
Three years later, a conclusion was reached in a High Court case that involved a confrontation between brothers that spiralled out of control, which left one dead and the other facing a custodial sentence.
In 2022, Brenton Hendricks, who was then 21 years old, was cooking in his room behind the family home at Spokiesdorp in Lüderitz when he overheard a heated argument between his elder brother, Joslin Sagalia Hendricks (26) and their father.
What began as shouting soon escalated into a tragic moment after Hendricks attempt to help his father culminated in the fatal stabbing of his brother at least seven times with a knife.
The knife, which Hendricks claimed he used in self-defence after his brother strangled him by the throat, was carried from his room after he heard the argument between his loved ones on 25 September 2022.
His brother succumbed to the injuries.
Judge Claudia Claasen imposed a seven-year sentence, with four years suspended on condition that Hendricks does not commit a similar offence during a suspension period of five years.
Claasen stated that having considered the accused’s personal circumstances, the gravity of the offence and the influence of his family and blending it with a degree of mercy, she found that a largely suspended term of imprisonment was appropriate.
She agreed with the State’s submission during pre-sentencing proceedings that a custodial sentence is adequate as it faces the severity of the crime and that the sanctity of life cannot be pushed aside as if it is nothing.
The defence has pleaded for a non-custodial sentence with a five-year suspended sentence, defending that the accused is not a violent person nor is he a danger to society and is the sole breadwinner of his family.
She added as Hendricks is a first-time offender, his blameworthiness is reduced, as he did not intend to take the life of his brother and that he was helping his father.
However, Claasen added a custodial sentence is more fitting and will send a clear message to society and will serve as a form of rehabilitation.
Although it was submitted that Hendricks is not a violent person, the judge stated the incident is evidence that he exhibited violent behaviour.
He was represented by Legal Aid lawyer Joseph Andreas. The State was represented by Advocate Anna Amukugo.