S v Geiseb (2) (CC 42 of 2009) [2011] NAHC 261 (25 August 2011)

S v Geiseb (2) (CC 42 of 2009) [2011] NAHC 261 (25 August 2011)

No compelling and substantial circumstances were found to justify deviation from the prescribed minimum sentence for rape; the accused is a subsequent offender with no remorse, and the offences are serious and prevalent.

Citation
[2011] NAHC 261
Parties
Prosecution: The State; Accused: Gerhard Geiseb
Court
High Court
Jurisdiction
Namibia
Judgment Date
25 August 2011
Case Number
CC 42 of 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Rape, Indecent Act With a Child, Sentencing, Minimum Sentence, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Rape Indecent Act With a Child Sentencing Minimum Sentence Aggravating and Mitigating Factors

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Parties

The State

Prosecution

Gerhard Geiseb

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for rape under Act 8/2000
  2. 2 Appropriate sentence for indecent act with a child under Act 21/1980
  3. 3 Existence of compelling and substantial circumstances to deviate from minimum sentence

Ratio Decidendi

No compelling and substantial circumstances were found to justify deviation from the prescribed minimum sentence for rape; the accused is a subsequent offender with no remorse, and the offences are serious and prevalent.

Court Disposition

convicted and sentenced

Orders

  • Accused sentenced to 45 years imprisonment for rape with coercive circumstances.
  • Accused sentenced to 2 years imprisonment for committing an indecent act with a child aged 11.