S v Guibeb and Others (1) (CC 41 of 1997) [1998] NAHC 7 (19 August 1998)

S v Guibeb and Others (1) (CC 41 of 1997) [1998] NAHC 7 (19 August 1998)

Given the accused's ages, good progress at school, the time elapsed since the offence, and lack of proper custodial facilities, a suspended sentence is appropriate despite the seriousness of the offences.

Citation
[1998] NAHC 7
Parties
Prosecution: The State; Accused: Bernard Guibeb; Accused: Phillipus Guxab; Accused: Benny Kamendu; Accused: Ronny Haraeb; Accused: Rodney Guirab; Accused: Penias Kurz; Accused: Given Doeseb
Court
High Court
Jurisdiction
Namibia
Judgment Date
19 August 1998
Case Number
CC 41 of 1997
Procedural Posture
Criminal / Sentencing
Outcome
conviction and suspended sentence
Legal Topics
Rape, Indecent Assault, Juvenile Justice, Sentencing
Source Language
English
Criminal Law Rape Indecent Assault Juvenile Justice Sentencing

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Parties

The State

Prosecution

Bernard Guibeb

Accused

Phillipus Guxab

Accused

Benny Kamendu

Accused

Ronny Haraeb

Accused

Rodney Guirab

Accused

Penias Kurz

Accused

Given Doeseb

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for juvenile offenders convicted of rape and indecent assault
  2. 2 Effect of common law presumption regarding boys under 14 and rape
  3. 3 Consideration of welfare and rehabilitation in sentencing

Ratio Decidendi

Given the accused's ages, good progress at school, the time elapsed since the offence, and lack of proper custodial facilities, a suspended sentence is appropriate despite the seriousness of the offences.

Court Disposition

conviction and suspended sentence

Orders

  • Five years imprisonment for each convicted accused, suspended for five years on condition of no conviction for rape, attempted rape, or indecent assault during the suspension period.