Roland Routh

The High Court last week set aside a wholly suspended sentence of 10 years imposed on a Windhoek resident, who killed a fellow security guard on 13 August 2015 and replaced it with a sentence of 18 years.

Regional Court Magistrate Leopold Hangalo convicted Walter Haoseb (25) of murder with direct intent for the stabbing to death of Kevin Pietersen (24). Haoseb and Pietersen worked together as guards at a security company.

During the sentencing, Hangalo said he wanted to give an “extemporary judgement”, adding that Pietersen was the aggressor who provoked Haoseb – not once but continuously – until Haoseb lost his temper and stabbed him.

“You were acting in a proper manner until such time you lost your temper. Therefore, I have decided, which is not always a practice of this court, to sentence you to a custodial sentence that will hang around your head, and before you act on anything, you have to think about this sentence,” said Hangalo at the time.

The State did not take it kindly to the “too lenient” sentence and lodged an appeal.

Judges Dinnah Usiku and Christi Liebenberg agreed with the State and sentenced Haoseb to 18 years, of which three years are suspended for five years.

According to Judge Usiku, who wrote the judgment, while a court of appeal must be slow to interfere in the sentencing discretion of a lower court, there are instances where it is necessary.

This, she said, is such an instance. The judge further said that in cases of murder, the High Court had imposed custodial sentences even where the accused was a first-time offender.

She continued that the accused was convicted and sentenced to a wholly suspended sentence of 10 years.

Although the victim was the aggressor the night before the fatal attack and had provoked the accused, the accused waited until the next morning while the victim was just waking up, holding his blankets, to stab him once under the left arm with a knife.

According to the judge, the provocation, if any, was no longer present, and the accused had the option to report the matter to the police, but he opted to stab the victim.

She said that in her view, the trial court misdirected itself by not imposing a sentence of direct imprisonment.

“Society yearns for peace and craves for perpetrators of violent crimes to be dealt with sternly by our courts,” the judge stated and continued: Courts are entrusted with an important function to administer justice and apply the law. Thus, the duty is upon this court to protect society from crimes in general and violent crimes in particular. Courts are required to apply a severe standardised and consistent response to crimes unless convincing reasons justify otherwise. She further said the accused demonstrated a total disregard for life and must be removed from society for a long period, as he is a real danger to the wellbeing and security of other persons.

Haoseb, who was represented by Joseph Andreas, on instructions of Legal Aid, must report to the Office of the Registrar of the High Court within seven days of the court order for committal.

The State was represented by Henry Muhongo.

- rrouth@nepc.com.na