REPUBLIC OF NAMIBIA
HIGH COURT OF NAMIBIA
MAIN DIVISION, WINDHOEK
Case No: CC 11/2012
In the matter between:
citation: STATE v URI-KHOB (CC 11/2012)  137 NAHCMD
(21 MAY 2013)
CORAM: NDAUENDAPO J
16 April 2013
21 May 2013
Sentencing—Accused convicted of murder with dolus directus
and common assault—Factors to be taken into account—First
offender and expressed remorse—Accused and deceased husband and
wife—Aggravating—Sentenced to 30 years imprisonment on
the murder count and 1 year on common assault—Sentence on
common assault to run concurrently with the sentence on murder.
Sentencing—The accused was convicted of murdering his wife with
dolus directus—And common assault—At the age of 52
accused first offender and expressed remorse. Deceased stabbed 8
times and it is aggravating that accused and deceased were involved
in a domestic relationship—sentenced to 30 years imprisonment
on murder and 1 years on common assault. Sentence of 1 year to run
concurrently with the sentence of 30 years on murder.
Count one, murder with direct intent, 30 years imprisonment.
Count two, common assaults, 1 year imprisonment. The sentence on
count two is ordered to run concurrently with the sentence on count
J  This court convicted the accused of one count of murder with
dolus directus and one count of common assault.
summary of the facts in this case is as follows: The accused and the
deceased were involved in a domestic relationship in that they were
married to each other and had children together.
11 February 2011 and at their residence at Erf 1263 Freedomland
Street at Goreongab dam in the district of Windhoek the accused hit
the deceased with a piece of iron over her body. When the complainant
in count 2 came to the assistance of the deceased, the accused hit
her with the piece of iron on her mouth and she sustained open wound
on her lip. After being hit with the iron pipe, the deceased fled
into the house and the accused pursued her and stabbed her eight
times with a knife. She died as a result of stab wound(s) she
sustained to her neck.
It is now my duty to sentence the accused for the crimes he was
terms of our law there are three factors that play a role when it
comes to sentencing namely, (a) the personal circumstances of the
accused, (b) the nature of the crime and (c) the interest of society.
See: S v Zinn 1969 (2) SA 537 (A) at 540 G.
the same time, the sentence to be imposed must satisfy the objectives
of punishment which are (1) prevention of crime (2) deterrence or
discouragement of the offender and would be offenders, (3)
rehabilitation or reform of the offender and (4) retribution by the
imposition of appropriate punishment for the offence committed. The
sentence must also be blended with a certain measure of mercy.
The accused testified that he is 52 years old. He is a welder and
painter by trade. He was earning between N$3000-4000 pm. He did not
attend school. He has 3 children with the deceased, their ages being
23, 15 and 13 respectively. He has other 2 adult children from his
previous relationship. The accused is a first offender. He told the
court that he does not feel good about what he did and that he is
asking for forgiveness for what he did.
Submissions by defense counsel
submitted that the accused pleaded guilty and at his age (52), he has
no previous conviction. The accused was angry because the deceased
used his money to entertain other men. Counsel argued that the
accused has shown remorse and asked for forgiveness.
Submissions by counsel for the State
submitted that the deceased died at the hand of her own husband. She
was 41 years old and the mother of 3 children who must know grow up
without the care and love of their mother. She contended that the
Court should not show leniency towards him as he showed none to the
deceased. He not only assaulted her first, but when she fled, he
followed her and stabbed her 8 times. She was attacked because the
accused was angry over the N$300 that she took and apparently spent
on other men.
In S v Walter Caorlse and Another
case no CC 1/2010 Damaseb JP said the following:
callous murder such as the ones under consideration, an exemplary
sentence is called for in order not only to reflect the shock and
indignation of interested person and of the community at large, but
also to serve the deterrent as well as just retribution objectives of
The crime of murder is indeed a very serious crime. The killing of
women (the most vulnerable members of our society) by their husbands
and boyfriends has reached endemic proportions in our society. It is
very prevalent and despite heavy sentences, it continues unabated.
Society is sick and tired of men who resort to this heinous conduct
as a way of expressing their anger, disapproval and/or disappointment
when their relationships with women do not work out.
deceased met her death in a most brutal and barbaric manner. She was
not only assaulted with an iron pipe, but when she fled, the accused
pursued her into the house and butchered her with a knife. She was
defenseless and he stabbed her 8 times.
The deceased was 41 years old when she died and the mother of 3 minor
children. She was still in the prime of her life and 3 children must
now face the world without the care and love of their mother.
death of the deceased was senseless and apparently because she took
N$300 of the accused and she spent it on other men. There is no
evidence that she spent it on other men. Even if that is the case,
that was no justification whatsoever for the accused to beat her with
the iron pipe and then stabbed her to death. The accused and the
deceased were husband and wife and they were involved in a domestic
relationship. That is an aggravating factor that the court must take
into account. The accused expressed remorse for his conduct and the
court also observed that when he came and testified. The court also
takes into account that the accused at his age, 52
old, is a first offender.
S v Ronny Naobeb case no CC 26/2006
an unreported judgment of Mainga J (as he then was) said
law abiding citizen is shocked to the core at the rate of murders and
rapes especially of defenseless women and children and the brutality
and callousness that accompany them”.
R v Karg 1961 (1) SA 231 A at 236 B Schreiner
JA remarked as follows:
is not wrong that the natural indignation of interested persons and
the community at large should receive some recognition in the
sentences that courts impose, and it is not irrelevant to bear in
mind that if sentences for serious crimes are too lenient, the
administration of justice may fall into disrepute and injured persons
may incline to take the law into their own hands”
S v Motolo en ‘n Ander 1998 (1) SACR 206
(OPD) the court held that: (headnote)
case like the present the interests of society is a factor which
plays a material role and which requires serious consideration. Our
country at present suffers an unprecedented, uncontrolled and
unacceptable wave of violence, murder, homicide, robbery and rape. A
blatant and flagrant want of respect for the life and property of
fellow human beings has become prevalent. The vocabulary of our
courts to describe the barbaric and repulsive conduct of such
unscrupulous criminals is being exhausted. The community craves the
assistance of the courts: its members threaten, inter alia, to take
the law into their own hands. The courts impose severe sentences, but
the momentum of violence continues unabated. A Court must be
thoroughly aware of its responsibility to the community and by acting
steadfastly, impartially and fearlessly announce to the world in
unambiguous terms it utter repugnance and contempt of such conduct.”
a South African judgment, what is expressed in there is equally
apposite in our country. I fully associate myself with the sentiments
expressed therein and I hope that the sentence I impose will sent a
clear message that the courts will severely punish those who commit
serious crimes such as the one under consideration.
In the result the accused is sentenced as follows:
Count one, murder with direct intent, 30 years imprisonment.
Count two, common assault, 1 year imprisonment.
The sentence on count two is ordered to run concurrently with the
sentence on count one.
G N NDAUENDAPO
STATE OFFICE FOR THE PROSECUTOR-GENERAL
ACCUSED MR VISSER
STERN & BERNARD LEGAL PRACTITIONERS