S v Ncamushe (2) (CC 10 of 2017) [2021] NAHCMD 45 (18 May 2021)

S v Ncamushe (2) (CC 10 of 2017) [2021] NAHCMD 45 (18 May 2021)

The accused, convicted of murder with direct intent in a domestic relationship, showed no remorse and was diagnosed with antisocial personality disorder, making prospects of rehabilitation unlikely. The murder was premeditated and aggravated by the vulnerability of the victim and the context of gender-based violence. The court considered the nearly six years spent in pre-trial custody and subtracted this from the appropriate sentence, resulting in a term of twenty-four years imprisonment.

Citation
[2021] NAHCMD 45
Parties
Prosecutor: The State; Accused: Shiyave Ncamushe
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
18 May 2021
Case Number
CC 10 of 2017
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Murder, Sentencing, Gender Based Violence, Domestic Violence
Source Language
English
Criminal Law Murder Sentencing Gender Based Violence Domestic Violence

Case Brief

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Parties

The State

Prosecutor

Shiyave Ncamushe

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder with direct intent in a domestic relationship context
  2. 2 Effect of antisocial personality disorder on sentencing
  3. 3 Consideration of time spent in pre-trial custody

Ratio Decidendi

The accused, convicted of murder with direct intent in a domestic relationship, showed no remorse and was diagnosed with antisocial personality disorder, making prospects of rehabilitation unlikely. The murder was premeditated and aggravated by the vulnerability of the victim and the context of gender-based violence. The court considered the nearly six years spent in pre-trial custody and subtracted this from the appropriate sentence, resulting in a term of twenty-four years imprisonment.

Court Disposition

Convicted and sentenced

Orders

  • The accused is sentenced to twenty-four years imprisonment.
  • Exhibit 1 the Baikal 12GA (Single shotgun) Serial Number 12007712 is to be returned to the licenced owner Mr. T. L Mukonda ID 47071600163.