S v Tourob (CC 19 of 2011) [2016] NAHCMD 136 (10 May 2016)

S v Tourob (CC 19 of 2011) [2016] NAHCMD 136 (10 May 2016)

The offences were extremely serious, involving violence against defenceless elderly victims, and no substantial or compelling circumstances justified lesser sentences; sentences for assault counts to run concurrently with the robbery sentence to mitigate cumulative effect.

Citation
[2016] NAHCMD 136
Parties
Prosecution: The State; Accused: Edwin Tourob
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
10 May 2016
Case Number
CC 19 of 2011
Procedural Posture
Criminal / Sentencing
Outcome
guilty and sentenced
Legal Topics
Rape, Robbery With Aggravating Circumstances, Assault With Intent to Do Grievous Bodily Harm, Sentencing, Concurrent Sentences
Source Language
English
Criminal Law Rape Robbery With Aggravating Circumstances Assault With Intent to Do Grievous Bodily Harm Sentencing Concurrent Sentences

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Parties

The State

Prosecution

Edwin Tourob

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple serious offences committed in one transaction
  2. 2 Consideration of mitigating and aggravating factors in sentencing
  3. 3 Application of concurrent sentences

Ratio Decidendi

The offences were extremely serious, involving violence against defenceless elderly victims, and no substantial or compelling circumstances justified lesser sentences; sentences for assault counts to run concurrently with the robbery sentence to mitigate cumulative effect.

Court Disposition

guilty and sentenced

Orders

  • Count 3: Rape: Fifteen years imprisonment
  • Count 4: Rape: Fifteen years imprisonment