S v Gaweseb (2) (CC 30 of 2009) [2010] NAHC 177 (29 October 2010)

S v Gaweseb (2) (CC 30 of 2009) [2010] NAHC 177 (29 October 2010)

The gravity and brutality of the murder of a 13-month-old child by a person in a position of trust, coupled with the attempt to obstruct justice, outweigh the mitigating factors, necessitating a severe and exemplary sentence to protect society and deter similar crimes.

Citation
[2010] NAHC 177
Parties
Prosecution: The State; Accused: Ewald Eweliesa Gaweseb
Court
High Court
Jurisdiction
Namibia
Judgment Date
29 October 2010
Case Number
CC 30 of 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Murder, Domestic Violence, Defeating or Obstructing the Course of Justice, Sentencing
Source Language
English
Criminal Law Murder Domestic Violence Defeating or Obstructing the Course of Justice Sentencing

Case Brief

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Parties

The State

Prosecution

Ewald Eweliesa Gaweseb

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder of a minor under domestic violence circumstances
  2. 2 Appropriate sentence for defeating or obstructing the course of justice

Ratio Decidendi

The gravity and brutality of the murder of a 13-month-old child by a person in a position of trust, coupled with the attempt to obstruct justice, outweigh the mitigating factors, necessitating a severe and exemplary sentence to protect society and deter similar crimes.

Court Disposition

convicted and sentenced

Orders

  • For the crime of murder, the accused is sentenced to 28 years imprisonment.
  • For the crime of defeating or obstructing the course of justice, the accused is sentenced to 4 years imprisonment.