S v Lubinda (CC 17 of 2016) [2022] NAHCMD 86 (4 March 2022)

S v Lubinda (CC 17 of 2016) [2022] NAHCMD 86 (4 March 2022)

The accused, acting in common purpose, planned and executed the murder of the deceased with direct intent. The offence was premeditated, aggravated by the domestic relationship, and committed for financial gain. The lack of remorse, seriousness of the crime, and societal interest outweigh personal mitigation. Life imprisonment is warranted for all convicted accused.

Citation
[2022] NAHCMD 86
Parties
Prosecutor: The State; Accused 1: Anastancia Nalucha Lubinda; Accused 3: David Kondjara; Accused 5: Donald Hindjou
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
4 March 2022
Case Number
CC 17 of 2016
Procedural Posture
Criminal / Sentencing After Conviction
Outcome
Convicted and sentenced to life imprisonment
Legal Topics
Murder, Sentencing, Common Purpose, Domestic Violence, Mitigation and Aggravation of Sentence
Source Language
English
Criminal Law Murder Sentencing Common Purpose Domestic Violence Mitigation and Aggravation of Sentence

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Parties

The State

Prosecutor

Anastancia Nalucha Lubinda

Accused 1

David Kondjara

Accused 3

Donald Hindjou

Accused 5

Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

  1. 1 Appropriate sentence for murder with direct intent
  2. 2 Effect of common purpose on liability and sentence
  3. 3 Impact of lack of remorse on sentencing

Ratio Decidendi

The accused, acting in common purpose, planned and executed the murder of the deceased with direct intent. The offence was premeditated, aggravated by the domestic relationship, and committed for financial gain. The lack of remorse, seriousness of the crime, and societal interest outweigh personal mitigation. Life imprisonment is warranted for all convicted accused.

Court Disposition

Convicted and sentenced to life imprisonment

Orders

  • Accused 1: Life imprisonment for murder with direct intent read with the Combating of Domestic Violence Act 4 of 2003.
  • Accused 3 and 5: Life imprisonment for murder with direct intent.