S v Balzer& Others (CC 14 of 2019) [2021] NAHCMD 111 (17 March 2021)

S v Balzer& Others (CC 14 of 2019) [2021] NAHCMD 111 (17 March 2021)

Minimum sentences under section 3(1)(a) of the Combating of Rape Act 8 of 2000 do not apply to offenders under 18. Absence of physical injuries does not justify a lesser sentence for rape. Wholly suspended sentences and community service are inappropriate for serious and violent offences such as rape. Sentences for multiple counts of rape arising from the same course of conduct should partially run concurrently to avoid excessive cumulative punishment. No genuine remorse was shown by the accused.

Citation
[2021] NAHCMD 111
Parties
Prosecution: The State; Accused 1: Kingsley Balzer; Accused 2: Fritz Noabeb; Accused 3: Norman Witbeen
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
17 March 2021
Case Number
CC 14 of 2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Rape, Sentencing, Youthful Offenders, Theft, Minimum Sentences, Remorse, Concurrent Sentences
Source Language
English
Criminal Law Rape Sentencing Youthful Offenders Theft Minimum Sentences Remorse Concurrent Sentences

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Parties

The State

Prosecution

Kingsley Balzer

Accused 1

Fritz Noabeb

Accused 2

Norman Witbeen

Accused 3

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for youthful offenders convicted of rape and theft
  2. 2 Applicability of minimum sentences under the Combating of Rape Act 8 of 2000 to offenders under 18
  3. 3 Effect of absence of physical injuries on sentence

Ratio Decidendi

Minimum sentences under section 3(1)(a) of the Combating of Rape Act 8 of 2000 do not apply to offenders under 18. Absence of physical injuries does not justify a lesser sentence for rape. Wholly suspended sentences and community service are inappropriate for serious and violent offences such as rape. Sentences for multiple counts of rape arising from the same course of conduct should partially run concurrently to avoid excessive cumulative punishment. No genuine remorse was shown by the accused.

Court Disposition

conviction and custodial sentence

Orders

  • Accused 1: 7 years’ imprisonment for rape (Count 4)
  • Accused 2: 7 years’ imprisonment for rape (Count 7); 7 years’ imprisonment for rape (Count 13), 4 years to run concurrently with Count 7