S v Nowaseb (5) (CC 14 of 2020) [2021] NAHCMD 86 (1 March 2021)

S v Nowaseb (5) (CC 14 of 2020) [2021] NAHCMD 86 (1 March 2021)

The accused murdered his 10-month-old son in a domestic setting, acted with direct intent, showed no genuine remorse, and failed to provide evidence of intoxication. The offences were grave and dissimilar, warranting individual sentences. The period spent in custody was considered, and sentences for counts 2 and 3 were ordered to run concurrently with count 1 to avoid disproportionate cumulative punishment.

Citation
[2021] NAHCMD 86
Parties
Prosecutor: The State; Accused: Dawid Nowaseb
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
1 March 2021
Case Number
CC 14 of 2020
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Convicted and sentenced
Legal Topics
Murder, Assault With Intent to Do Grievous Bodily Harm, Common Assault, Escape From Lawful Custody, Domestic Violence, Sentencing
Source Language
English
Criminal Law Murder Assault With Intent to Do Grievous Bodily Harm Common Assault Escape From Lawful Custody Domestic Violence Sentencing

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Parties

The State

Prosecutor

Dawid Nowaseb

Accused

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for murder of a child in a domestic setting
  2. 2 Weight of guilty plea and alleged remorse in sentencing
  3. 3 Consideration of alleged drunkenness as a mitigating factor

Ratio Decidendi

The accused murdered his 10-month-old son in a domestic setting, acted with direct intent, showed no genuine remorse, and failed to provide evidence of intoxication. The offences were grave and dissimilar, warranting individual sentences. The period spent in custody was considered, and sentences for counts 2 and 3 were ordered to run concurrently with count 1 to avoid disproportionate cumulative punishment.

Court Disposition

Convicted and sentenced

Orders

  • Count 1: Murder (read with Combating of Domestic Violence Act, 4 of 2003) – 35 years’ imprisonment.
  • Count 2: Assault with intent to do grievous bodily harm (read with Combating of Domestic Violence Act, 4 of 2003) – 2 years’ imprisonment.