S v Nandago (SA 3 of 2001) [2002] NASC 4 (6 March 2002)

S v Nandago (SA 3 of 2001) [2002] NASC 4 (6 March 2002)

The appellant's presence at the scene, knowledge and provision of the firearm, association with the perpetrator before and after the offences, and conduct facilitating the escape established his participation in the crimes under the doctrine of common purpose. The sentence for murder was manifestly inadequate given the aggravating circumstances and the appellant's position as a soldier.

Citation
[2002] NASC 4
Parties
Appellant: Tobias Nandago; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
6 March 2002
Case Number
SA 3 of 2001
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; sentence for murder increased
Legal Topics
Murder, Robbery With Aggravating Circumstances, Common Purpose, Sentencing
Source Language
English
Criminal Law Murder Robbery With Aggravating Circumstances Common Purpose Sentencing

Case Brief

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Parties

Tobias Nandago

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was properly convicted of murder and robbery with aggravating circumstances on the basis of common purpose
  2. 2 Whether the sentence imposed was appropriate

Ratio Decidendi

The appellant's presence at the scene, knowledge and provision of the firearm, association with the perpetrator before and after the offences, and conduct facilitating the escape established his participation in the crimes under the doctrine of common purpose. The sentence for murder was manifestly inadequate given the aggravating circumstances and the appellant's position as a soldier.

Court Disposition

appeal dismissed; sentence for murder increased

Orders

  • Appeal against convictions for murder and robbery with aggravating circumstances dismissed.
  • Sentence of 9 years for murder set aside and replaced with 20 years imprisonment.