CRIMINAL LAW – APEAL AGAINST SENTENCE – THEFT BY EMPLOYEE FROM EMPLOYER

CRIMINAL LAW – APEAL AGAINST SENTENCE – THEFT BY EMPLOYEE FROM EMPLOYER

The appellant appeared in the Outjo Magistrate’s Court on a single charge of theft involving an amount of money. She pleaded guilty and she was convicted and subsequently sentenced to 4 years imprisonment. The appellant appealed to the High Court against the sentence on several grounds, among others that, the 4 years imprisonment was so severe that it induced a sense of shock in comparison to sentences imposed in similar cases and that the magistrate failed to show mercy in light of her personal circumstances.

1. USIKU, J (JANUARY J CONCURRING) considered the appeal and held that:
2. The court a quo correctly considered the seriousness of the crime, its prevalence and the duty of the court to impose competent sentences taking into account all relevant factors.
3. The fact that the appellant stole from her employer thereby abusing the position of trust between an employee and employer relationship, was equally important or more important.

In the result the appeal against sentence was dismissed.

Guriras v S NAHCMD 9 September 2022