Retribution and deterrence require that a court in sentencing take into account the pain and suffering caused by the commission of an offence to the injured party and the affected members of the community, over and above the public in general.
Windhoek High Court Acting Judge Orben Sibeya said this when he sentenced youthful murder convict, Sagarius Levi (27) on Monday to a prison term of 23 years.
According to the judge, it is only after serving the sentence and having been reformed that society can welcome an accused back into the community.
Levi was convicted on a charge of murder by Sibeya, after he stabbed Harold Rooi to death when the latter came to the aid of Levi’s former girlfriend in Rehoboth’s Block E.
He was accused of breaking into the residence of Theresia Doeses and Rolena Garises during the period 11 to 12 November 2018, with the intent to murder Garises.
He threatened to cut off the head of Garises and put a knife to her neck, causing Garises to believe he would carry out his threat.
It is further alleged that when the deceased came to the assistance of Garises, he stabbed him once in the neck causing his death due to the loss of blood.
Levi denied the allegations at the start of his trial and claimed that the deceased was accidentally stabbed when he wanted to slap him in return for a slap he received from him while he had an open knife in his hand.
He claimed that Rooi slapped and pushed him and that he wanted to slap Rooi in self-defence.
The convict was acquitted on the breaking and entering and attempted murder charges with regards to Garises
According to Sibeya, when considering the interest of society, it is emphasised that society expects that convicted person should be sentenced according to the circumstances of each case.
“Taking into account the personal circumstances of the accused inclusive of his mitigating factors, time spent in custody, his remorsefulness and weighing the same with the nature, seriousness of the offence of murder committed with direct intent and the interests of society, I find that a lengthy period of imprisonment should be imposed,” the judge said and continued: However, the court finds that, the sentence to be imposed, should be reduced by the weighty mitigating factors and further that mercy should be extended to the accused.
He noted Levi should not be sentenced to a punishment that will break him, neither should he be sacrificed on the altar.
Kalundu Kamwi represented Levi on instructions of Legal Aid and Hezekiel Iipinge prosecuted.
2020-07-01 10:45:59 | 2 months ago