A 35-year-old hearing-impaired man who was convicted of killing his wife and mother of his three minor children was sentenced to an effective 20 years in jail last week.
Oshakati High Court Judge Erich Kesslau sentenced Christian Kudumo to 25 years but suspended five years for five years on condition that Kudumo is not convicted of murder during the period of suspension.
Kudumo was convicted by Judge Kesslau in July of murder with direct intent after he bashed the head of Andeline Chikalu Augustinus (31), in August 2022 at Sun City informal settlement, Rundu with a traditional axe.
Judge Kesslau said that although the accused’s multiple attempts at suicide and cooperation with the police can be interpreted as remorse, his failure to extend an apology to the family of the deceased and stop supporting his children shows the contrary. He further said that evidence showed that both the deceased and the accused had a stormy relationship and frequently quarrelled, and both had the desire to end the relationship, but due to pressure from both sides’ families, they stayed together with tragic results.
He further said that on the day in question, the accused was provoked to some extent by the deceased gossiping with her friend in public about their problems and her initial attack on him, during which he suffered an injury to his head.
“Murder is one of the most serious offences, and further aggravating is the fact that it was committed in a domestic setting,” the judge said.
He continued: “The accused collected the weapon, a traditional axe, from the neighbouring house in a premeditated attack and used it to beat the deceased on her head with such force that it penetrated her skull and exposed her brain.”
Judge Kesslau stated that while considering the interest of society in imposing a sentence and reflect on its resentment and aversion to such atrocities, and its contempt for those making themselves guilty of cruel and dreadful crimes, it is important to impose a sentence that will deter the “continuous onslaught of crimes committed in a domestic context against vulnerable members of society when, too often, the sanctity of life is trampled upon.”
The judge further said that the accused’s hearing disability was taken into account as a mitigating factor.
“The accused is deaf, and his life in custody will be a solitary one, as most of his co-inmates and correctional officers will not be able to communicate with him. This is an additional burden that the average inmate does not face, and I will consider it as a mitigating factor. At the age of 35, the accused cannot truly be described as ‘youthful’ and thus his age will be considered as a mitigating factor to a limited extent,” Judge Kesslau said.