The prosecution is appealing the 10-year wholly suspended sentence of a Windhoek resident who stabbed his colleague to death in 2015. The State wants the High Court to reconsider the sentence imposed on Walter Haoseb (25) by regional court magistrate Leopoldt Hangalo in April last year.
According to the prosecution, Hangalo was too lenient by imposing the wholly suspended sentence when Haoseb was convicted of a serious charge of murder with direct intent.
“The learned magistrate misdirected himself by sentencing the respondent (Haoseb) in a vacuum, and thereby not considering the precedent of case law or sentences imposed for similar crimes,” submitted State prosecutor Mwendekwa Muhongo.
Muhongo added that the court overemphasised the personal circumstances of Haoseb.
Hangalo convicted Haoseb of murder with a direct intent for the death of Kevin Pietersen (24) on 13 August 2015. Haoseb and Pietersen worked together as guards at a local 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.
“I have decided to suspend the whole sentence in total for a period of five years on condition that you are not convicted of murder committed during the period of suspension. You go home, and you must not be convicted of murder in the five-year period to come,” the magistrate continued.
Haoseb has not yet indicated his intent to oppose the appeal.