S v Kandjengo (2) (CC 15 of 2010) [2011] NAHC 208 (14 July 2011)

S v Kandjengo (2) (CC 15 of 2010) [2011] NAHC 208 (14 July 2011)

The severity and circumstances of the murder, the lack of remorse by the accused, the societal interest in deterring violence against women, and the legislative intent of the Combating of Domestic Violence Act, 2003 justify a severe custodial sentence, tempered by some mercy for time spent in custody awaiting trial.

Citation
[2011] NAHC 208
Parties
Prosecutor: The State; Accused: Johannes Kandjengo
Court
High Court
Jurisdiction
Namibia
Judgment Date
14 July 2011
Case Number
CC 15 of 2010
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Murder, Sentencing, Domestic Violence
Source Language
English
Criminal Law Murder Sentencing Domestic Violence

Case Brief

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Parties

The State

Prosecutor

Johannes Kandjengo

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder with dolus directus
  2. 2 Consideration of mitigating and aggravating factors in sentencing
  3. 3 Application of Combating of Domestic Violence Act, 2003

Ratio Decidendi

The severity and circumstances of the murder, the lack of remorse by the accused, the societal interest in deterring violence against women, and the legislative intent of the Combating of Domestic Violence Act, 2003 justify a severe custodial sentence, tempered by some mercy for time spent in custody awaiting trial.

Court Disposition

convicted and sentenced

Orders

  • Johannes Kandjengo is sentenced to 32 years’ imprisonment.