Rapist father's sentence appeal dismissed
A man who was convicted and sentenced to 18 years in prison for rape four years ago, and who appealed what he called a 'harsh' sentence, had his case dismissed by Windhoek High Court judges Naomi Shivute and Herman January last Friday.
The man, now 41, stood trial in the Katima Mulilo Regional Court in September 2020 and was convicted of raping his then 11-year-old biological daughter when he was 37 years old.
Representing the man - who cannot be named to protect the identity of the victim - lawyer Mbanga Siyomunji argued that the judge erred when they imposed an 18-year prison sentence without fully considering his circumstances. He contended that the judge failed to appropriately weigh the seriousness of the crime, the offender’s background and the interests of society, and did not explore the option of suspending a portion of the sentence.
State prosecutor Hesekiel Iipinge countered that there were no compelling or substantial circumstances to justify deviating from the prescribed minimum sentence. He stated that the trial court could not be faulted for exercising its discretion as it did. The minimum sentence is precisely that - a minimum, he stressed.
"The court, considering the facts of the case and in the absence of compelling circumstances, must impose a sentence of 15 years. However, this does not prevent the court from exceeding the minimum if deemed appropriate," Iipinge said.
In the appeal ruling, Shivute said the fact that the man was in a position of trust as the biological father of the victim was an aggravating factor. She explained that although the mandatory minimum sentence for such a crime is 15 years, the court is not limited to this term.
“The court has the discretion to impose a longer, reasonable sentence that fits the specific circumstances of the case."
The man, now 41, stood trial in the Katima Mulilo Regional Court in September 2020 and was convicted of raping his then 11-year-old biological daughter when he was 37 years old.
Representing the man - who cannot be named to protect the identity of the victim - lawyer Mbanga Siyomunji argued that the judge erred when they imposed an 18-year prison sentence without fully considering his circumstances. He contended that the judge failed to appropriately weigh the seriousness of the crime, the offender’s background and the interests of society, and did not explore the option of suspending a portion of the sentence.
State prosecutor Hesekiel Iipinge countered that there were no compelling or substantial circumstances to justify deviating from the prescribed minimum sentence. He stated that the trial court could not be faulted for exercising its discretion as it did. The minimum sentence is precisely that - a minimum, he stressed.
"The court, considering the facts of the case and in the absence of compelling circumstances, must impose a sentence of 15 years. However, this does not prevent the court from exceeding the minimum if deemed appropriate," Iipinge said.
In the appeal ruling, Shivute said the fact that the man was in a position of trust as the biological father of the victim was an aggravating factor. She explained that although the mandatory minimum sentence for such a crime is 15 years, the court is not limited to this term.
“The court has the discretion to impose a longer, reasonable sentence that fits the specific circumstances of the case."
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