S v Stuurman (CC 3 of 2021) [2022] NAHCMD 454 (1 September 2022)

The gravity and brutality of the murder of a defenceless infant by his biological mother, combined with the need to protect society and deter similar crimes, outweigh the mitigating factors, making a lengthy custodial sentence inescapable.

Source-derived case information.

Citation: [2022] NAHCMD 454
Parties: Prosecution: The State; Accused: Pricillia Daukelina Stuurman
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 1 September 2022
Case Number: CC 3 of 2021
Procedural Posture: Criminal / Sentencing After Conviction
Outcome: convicted and sentenced
Legal Topics: Murder, Sentencing, Maternal Filicide, Mitigation and Aggravation, Child Protection
Source Language: english

Criminal Law Domestic Violence Murder Sentencing Maternal Filicide Mitigation and Aggravation Child Protection

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3

Parties

The State

Prosecution

Pricillia Daukelina Stuurman

Accused

Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

1 Appropriate sentence for murder of a child by biological mother
2 Consideration of mitigating and aggravating factors in sentencing for filicide
3 Role of remorse and personal circumstances in sentencing for violent crime

Ratio Decidendi

Court Disposition

convicted and sentenced

Orders

Accused sentenced to 28 years’ imprisonment for murder (direct intent) read with the provisions of the Combating of Domestic Violence Act, 4 of 2003.

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