JANUARY J (SALIONGA J concurring):
1. The accused pleaded guilty to the crime.
2. Although the accused assaulted his biological mother with a knobkerrie causing her to sustain an open wound on the forehead and a fractured arm, this is not the only consideration in sentencing.
3. The mother had to spend a month and 2 weeks in hospital.
4. The accused is a first offender of 25 years of age. He is not married and has no children. He never went to school. He did casual work as a brick maker where he earned about N$600 per month.
5. The magistrate emphasized the prevalence of the offence, found it aggravating that accused assaulted his biological mother, showed no remorse and sentenced him to the maximum of 5 years’ direct imprisonment. The mother testified and requested for a custodial sentence.
6. I agree that the case calls for a custodial sentence.
7. However what is shocking in this matter, is the fact that that the learned magistrate imposed the five years’ imprisonment which is the full force and extent of the magistrate’s jurisdiction for a first offender who had pleaded guilty.
8. It is not a sentence this court would have imposed had it sat as a court of first instance.