26 Apr 2016 13:40pm
WINDHOEK, 26 APR (NAMPA) - The High Court on Tuesday dismissed an application in which the State appealed a sentence of five years' imprisonment for murder.
The State's appeal application was dismissed in a judgement handed down by High Court Judge Naomi Shivute Tuesday morning
Magdalena Khamuxas, 40, was initially charged with murder, but Judge Shivute instead found her guilty on a count of culpable homicide for accidentally stabbing and causing the death of a farm worker in the Outjo area in 2011.
Khamuxas was on 24 March 2015 sent to jail for five years for accidentally stabbing and causing the death of Johannes Kasavi Kangundu on 25 October 2011 at Doringfeld Farm Post.
Not happy with the punishment, State Advocate Erick Moyo brought an application before Judge Shivute in which he argued that the sentence was too lenient compared to sentences given in similar cases.
There was no misdirection by the court during judgement and at the time of imposing punishment. Therefore, the sentence imposed in this case cannot be made less or more. The sentence remains the same (five years), Judge Shivute said on Tuesday.
Kangundu died on the spot as a result of a 12 centimetre-deep stab wound between his ribs.
On the first count of stabbing and causing Kangundu's death, Khamuxas was sentenced to seven years imprisonment of which two years were suspended for a period of five years on condition that she is not convicted of culpable homicide or assault with intent to do grievous bodily harm during the period of suspension.
On this count, Khamuxas was sent to jail for five years.
She apologised to Kangundus family for the loss of life.
On a second count of assault with intent to cause bodily harm for seriously stabbing with a knife and wounding Elfriede Kausiona, Khamuxas was sentenced to two years imprisonment, one of which is to be served concurrently with the sentence imposed on the first count.
On the last count of assault with intent to do grievous bodily harm for stabbing and wounding another farm worker, Frans Makushe, she was sentenced to nine months imprisonment, which was suspended in total for a period of five years on condition that she is not convicted of assault with intent to do grievous bodily harm.
She was thus sent to jail for five years.
Khamuxas, Kangundu, Kausiona and Makushe, were said to be inebriated as they had been drinking home-brewed liquor since earlier that day.
Kausiona had initiated a fight in which she assaulted Khamuxas first, but there was no ongoing attack when she (Khamuxas) fetched knife that was used to stab the deceased.
Khamuxas is a first-time offender with no record of a previous criminal offence.
She was represented by Boris Isaaks on the instructions of the Directorate of Legal Aid.