The High Court is currently considering the appeal of a man convicted for two murders, of which he is currently serving 40-year imprisonment.
Joseph Nepolo (35) approached the High Court to reconsider the sentence imposed on him by Windhoek Regional Court earlier this year.
In March, magistrate Leopold Hangalo sentenced Nepolo to 20 years imprisonment on each of the two counts of murder to which he admitted guilt.
The court ordered for the two sentences to run consecutively, leaving him with a jail term of 40 years.
Nepolo admitted to having murdered Aron Haimbodi (35) in Katutura, Windhoek, on 25 January 2013 by stabbing him in the neck with a knife.
He also admitted to having stabbed to death Shiwana Tjitaka (27) on 12 October 2018 in Katutura, Windhoek.
Nepolo committed the second murder while on bail for the first murder case.
His lawyer Salomon Kanyemba argued yesterday that at the time the court imposed the sentences, there was apparent misdirection of law and material irregularities.
He said the sentence imposed is more than 37 years, which is more severe than life imprisonment.
“We humbly pray that the appeal against sentence be upheld and the sentences be set aside and be altered to 20-years imprisonment on each count of murder, of which 20 years on the second count is ordered to run concurrently with the sentence on the first count,” pleaded Kanyemba.
Representing the State, Basson Lilungwe said Nepolo was convicted after he admitted guilt on both counts.
He said the court should also consider the two offences are unrelated and were committed five years apart.
Lilungwe said when Nepolo committed the offences, he was unprovoked.
Lilungwe further argued the trial court did not misdirect itself in imposing the sentences, as it was cognisant of “the nature of the crime, the interest of society and Nepolo’s interest”.
Thus, the appeal should be dismissed with cost.
The court will deliver judgment on the matter on 29 October.
– mamakali@nepc.com.na