CASE NO.: CC 19/2008
IN THE HIGH COURT OF
In the matter between:
Heard on: 2011 August 30
Delivered on: 2011
J:  This Court convicted the
accused, Jeckonia Dimbulukweni Hamukoto, on three counts of murder,
three counts of attempted murder, pointing of a firearm and negligent
discharge of a fire arm in public.
is now my duty to sentence you for the crimes you committed. In
terms of our law there are three factors to be taken into account,
(1) your personal
(2) the nature of
the crimes and;
interest of society.
S v Zinn 1969 (2) SA 537 (A) at 540 G
At the same time,
the sentence to be imposed must satisfy the objectives of punishment
discouragement of the offender and would be offenders;
or reform of the offender; and
the imposition of appropriate punishment for the offence committed.
have considered what you told the Court in mitigation of sentence.
That you are 41
years of age and a first offender. You are a father of four minor
children. You are a registered nurse and was in the employment of
the Ministry of Health and Social Services since 1996. I have also
taken into account the number of years spend in custody as a trial
awaiting prisoner, namely four years and nine months. However, I
must hasten to add that aggravating circumstances in this case far
outweigh your personal circumstances.
regard to the convictions of murders and attempted murders, you
testified that you acted in private defence, which I rejected. You
told this Court in no uncertain terms that you are not remorseful for
your actions, you only feel bad about it.
took the lives of three innocent people and seriously injured three
others and their only sin they committed, according to you, was the
theft of your cellphone.
Jacobs for the State submitted that your convictions for murder and
attempted murder should attract the severest sentences for the
reasons, inter alia, that you shot unsuspecting victims in a
makes your actions more reprehensible is the fact that on that
fateful day, you armed yourself not only with the gun (pistol) and a
fully loaded magazine, but you had an extra fully loaded magazine in
your pocket as if you were going on a hunting trip. The irony is
that some of the witnesses testified that they knew you as ‘Doctor’,
but instead of saving their lives, you took the lives of the victims
in the most callous manner. You have not shown any remorse
whatsoever for your actions and for that reason I shall disregard the
period you have spent in custody awaiting trial.
those who lost their loved ones at the hand of the accused, (and
indeed to the society at large), this Court wants to send a strong
message that murderers will be severely punished for their actions.
Walter Carelse and Another Case Number CC 11/022) Damaseb, JP said
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 persons and of the community at large, but
also to serve the deterrent as well as just retribution objectives of
regard to what I said above, I sentence the accused as follows:
Count 1: - for the
murder of Erastus Jonas 30 years imprisonment.
Count 2: - for the
murder of Erastus Boni Shuudeni 30 years imprisonment.
Count 3: - for the
murder of Festus Auhwe Eita 30 years imprisonment.
- attempted murder on Primus Ashipala 10 years imprisonment.
- attempted murder on Timo Kandjumbwa 10 years imprisonment.
- attempted murder on Joel Hango 10 years imprisonment.
It is ordered that
each of the 10 years imposed on counts 4,5, and 6 shall be served
concurrently with the sentences of 30 years imposed in counts 1,2,
- pointing of a fire arm 1 year imprisonment. It is also ordered
that the 1 year imprisonment should be served concurrently with the
sentences imposed in counts 1, 2, and 3.
- Discharge of a firearm in public, one
year imprisonment also to be served concurrently with the
sentences imposed in counts 1, 2 and 3.
 In sum, the
accused is sentenced to an effective imprisonment term of 90 years.
ON BEHALF OF STATE:
by: The Prosecutor General
ON BEHALF OF THE RESPONDENT:
by: Koep & Partners