Robbery Convict Appeals Sentence

Moshana Johannes Nande Gabriel, 34, who was convicted in the Eenhana Regional Court on May 22, 2007 for robbery with aggravating circumstances, stealing liquor and cigarettes worth N$591, unlawful possession of a firearm and a PM rifle, and being illegal in possession of ammunition, appealed against his conviction in the High Court in Windhoek.

For the first count, Gabriel was sentenced to 12 years in prison, while the second and third counts were taken together for sentencing and he was sentenced to five years in prison in the Enhana Regional Court.

The matter was heard on January 3, 2014 and Judge Elton Hoff and Judge Alfred Siboleka delivered the judgment last Friday.

After the appeal, the sentence of 12 years remained, and the sentence in respect of count two and the third count were set aside and the judges ruled that for the second count Gabriel was sentenced to three years in prison, and one year in prison for the third count.

The sentences for counts two and three were to run concurrently meaning he would have served 12 years.

Gabriel was arrested on November 11, 2003. The charge sheet indicates that on November 10, 2003 near Omafo village in the district of Enhana, he used violence or threats against Dorthia Shikongo and Martha Ndatomunyo by pointing a firearm at them and threatening to shoot them, and unlawfully stole eight bottles of Richelieu and a carton of cigarettes containing 20 packs.

In the appeal defence lawyer Titus Ipumbu, who represented Gabriel, conceded that his client had correctly been convicted, but attacked the sentences imposed on the basis that the cumulative effect of the sentences imposed was not taken into account by the magistrate.

He argued the magistrate should have ordered the sentences imposed in respect of counts two and three to run concurrently with the sentence imposed in respect of count one.

Aocate Shakwa Nyambe represented the state during the appeal in the High Court.

Source : New Era