REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK SENTENCE Case no: CC 32/2001 In the matter between: THE Trial and CALVIN LISELI MALUMO & 65 OTHERS ACCUSED Neutral citation: State v Malumo (CC 32/2001) [2016] NAHCMD 43 (8 December 2015) Coram: HOFF, J Heard: 6, 7, 8, 9, 12 October 2015; 4, 6 November 2015; 3, 8, 9 December 2015 Delivered: 8 December 2015 Summary: General principles restated crimes of high treason, Sentence – – murder, attempted murder The triad consisting of the crime, the offender and the – interest of society considered Court also to consider the aims of punishment – namely retribution, deterrence, prevention and rehabilitation. Aims of punishment to be dealt with as part of the interest-of-society component of the Zinn Triad. Balancing of factors in triad - May emphasize one factor at the expense of another in appropriate circumstances should be understood to mean that each – ‘Balancing’ factor afforded a certain weight, not that each factor should be afforded equal weight. Punishment to be blended with a measure of mercy according to the circumstances Mercy has nothing in common with maudlin sympathy for an accused. Period of –
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK SENTENCE Case no: CC 32/2001 In the matter between: THE and CALVIN LISELI MALUMO & 65 OTHERS ACCUSED Neutral citation: State v Malumo (CC 32/2001) [2016] NAHCMD 43 (8 December 2015) Coram: HOFF, J Heard: 6, 7, 8, 9, 12 October 2015; 4, 6 November 2015; 3, 8, 9 December 2015 Delivered: 8 December 2015 Summary: Sentence – General principles restated – crimes of high treason, murder, attempted murder – The triad consisting of the crime, the offender and the interest of society considered – Court also to consider the aims of punishment namely retribution, deterrence, prevention and rehabilitation. Aims of punishment to be dealt with as part of the interest-of-society component of the Zinn Triad. Balancing of factors in triad - May emphasize one factor at the expense of another in appropriate circumstances – ‘Balancing’ should be understood to mean that each factor afforded a certain weight, not that each factor should be afforded equal weight. Punishment to be blended with a measure of mercy according to the circumstances – Mercy has nothing in common with maudlin sympathy for an accused. Period of Trial
State%20v%20Malumo%20(CC%2032-2001)%20[2016]%20NAHCMD%2043%20(8%20December%202015).docx