S v Ndikwetepo and Others (3) (SA 3 of 1993) [1993] NASC 4 (15 October 1993)

S v Ndikwetepo and Others (3) (SA 3 of 1993) [1993] NASC 4 (15 October 1993)

While the individual sentences imposed were not inappropriate, the cumulative effect of consecutive sentences was excessive and disproportionate to the gravity of the offences, warranting appellate interference to order substantial parts of the sentences to run concurrently and reduce the effective terms of imprisonment.

Citation
[1993] NASC 4
Parties
First Appellant: Paulus Ndikwetepo; Second Appellant: Matbeus Tjapa; Third Appellant: Vanasius Ameho; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
15 October 1993
Case Number
SA 3 of 1993
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Robbery With Aggravating Circumstances, Attempted Murder, Theft, Possession of Ammunition Without a Licence, Escape From Lawful Custody, Concurrent and Consecutive Sentences
Source Language
English
Criminal Law Sentencing Robbery With Aggravating Circumstances Attempted Murder Theft Possession of Ammunition Without a Licence Escape From Lawful Custody Concurrent and Consecutive Sentences

Case Brief

Summary, issues, holding and outcome

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Parties

Paulus Ndikwetepo

First Appellant

Matbeus Tjapa

Second Appellant

Vanasius Ameho

Third Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the individual sentences imposed on the appellants were excessive or inappropriate
  2. 2 Whether the cumulative effect of consecutive sentences was so severe as to induce a sense of shock and warrant appellate interference
  3. 3 Whether sentences should have been ordered to run concurrently given the offences formed one course of criminal conduct

Ratio Decidendi

While the individual sentences imposed were not inappropriate, the cumulative effect of consecutive sentences was excessive and disproportionate to the gravity of the offences, warranting appellate interference to order substantial parts of the sentences to run concurrently and reduce the effective terms of imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentences imposed on each appellant confirmed in respect of individual counts, but substantial parts ordered to run concurrently, reducing effective sentences to 22 years for the first appellant, 20 years for the second appellant, and 16.5 years for the third appellant.