WINDHOEK – The High Court last week slashed the 36-month prison sentence of Naftali Itula by half to only 18 months of which nine months were suspended for a period of three years on condition that he is not convicted of the crime of malicious damage to property.
Itula was found guilty of intentionally cutting cables of an alarm system at Spar Supermarket valued at N$5 800 and is a first offender, who was only 24-years-old when he committed the crime. During the trial he informed the court that he is unemployed and unmarried with no dependants. He further informed the court that he is unable to pay a fine, and is in the process of improving his Grade 12 results.
Judge Elton Hoff and acting Judge Petrus Unengu who heard the appeal, ruled that the sentence of 36-month imprisonment is unduly harsh and that “the magistrate over-emphasised the interests of the community and did not give due consideration to the personal circumstances of the accused person and the fact that he was a first offender.” The judges ruled that the sentence, which is partly suspended would be an appropriate one.
By Tunomukwathi Asino