Judge urges for harsher sentences
High Court Judge Christie Liebenberg expressed his dismay over criticism that a young girl, who was out alone when she was raped and killed, was at fault for doing so.
A High Court judge has emphasised the need for harsher sentences to make Namibia's streets safe again underlining that criminals should not restrict the freedom of Namibians to be out and about at all times of the day.
During the reading of his sentence imposed on Eldrin Goliath (22) who was found guilty of brutally murdering and raping 16-year-old Camilla Steyn in Rehoboth during the early morning hours of 6 November 2016, High Court Judge Christie Liebenberg cautioned against criticism of the young girl being out so late at night.
“Criticism might be levelled against the deceased, a young girl being out alone and on the streets of Rehoboth late at night; something that apparently had happened before,” Liebenberg said before he sentenced Goliath to an effective 28 years behind bars.
“But again, why must anyone feel unsafe on the streets at any time of the day? Have we become a nation who must align our lifestyles and freedoms to cater for criminals who roam the streets like predators waiting for their prey?” he asked.
Goliath was 20 when he forced Steyn onto the veranda of a vacant house under renovation, raped and strangled her and stole her running shoes and cell phone, which he exchanged for a small amount of cannabis and cash the next day.
Liebenberg said judging from the “significant increase in the number of rogue elements in society who exploit any possible situation to their own benefit, in all instances at the expense of innocent law-abiding citizens”, the only way to “try and turn the tide is to impose harsher sentences and to send out a clear message to likeminded criminals that such conduct will not be tolerated and will be met with severe punishment.”
Liebenberg rejected Goliath's claims that he had suffered a blackout when he raped and killed Steyn with his bare hands, and that he had consensual sexual intercourse with her.
Liebenberg said it was evident that force was used to overpower her before she was killed due to the injuries Steyn sustained before her death.
He highlighted Steyn's youthfulness and her vulnerability at the time of the “brutal raping and killing”, saying they played a major factor in his consideration of the prison term.
“Moreover, where the life of a young 16-year-old girl was taken in circumstances which render this yet another senseless murder; something we as society shamefully has become accustomed to”, he said the courts are looked to for protection and to uphold the rule of law.
“The courts are under a duty to reflect in its judgments, society's indignation and antipathy of those who are guilty of unbecoming and despicable behaviour, as encountered in this instance,” he added.
Mitigation
Liebenberg however also rejected the State's argument that Goliath should receive a life sentence noting that his youth, and the fact that the crime was committed on the spur of the moment, “significantly” impacted the sentence he imposed.
Liebenberg imposed a 23-year prison sentence for the murder charge, ten years for the rape and three years for the theft of shoes and a cell phone, which Goliath had pawned the next day for drugs and money.
Half of the ten-year sentence for the rape charge and the whole of the three-year term for the theft will be served concurrently with the murder sentence, effectively putting Goliath behind bars for 28 years.
The judge also raised the point that although Goliath had admitted guilt to the murder, this counted for little and was not regarded as a mitigating factor during his consideration of the prison term.
He however added that his acceptance of blame for his wrongdoing and the suffering he caused to Steyn's family could be regarded as sincere, and said that “it would appear that since his arrest and incarceration, he has had time to reflect on his life and committed himself to change. This could be the first step towards reformation.”
During the trial, Steyn's mother testified that since her daughter's death, she had been on medication and has received counselling as a result of the trauma of the event.
Moreover, she said Steyn's three brothers have been enormously impacted.
Steyn was described by her family and friends as a spontaneous person who had set high standards for herself and was keen to become a chartered accountant.
“At the time of her death, she had finished writing her examination and from the Junior Secondary Certificate received afterwards, it is evident that she would have progressed at school with relative ease,” Liebenberg said.
Defence lawyer Mese Tjituri represented Goliath during his trial. State Advocate Marthino Olivier prosecuted.
JANA-MARI SMITH
During the reading of his sentence imposed on Eldrin Goliath (22) who was found guilty of brutally murdering and raping 16-year-old Camilla Steyn in Rehoboth during the early morning hours of 6 November 2016, High Court Judge Christie Liebenberg cautioned against criticism of the young girl being out so late at night.
“Criticism might be levelled against the deceased, a young girl being out alone and on the streets of Rehoboth late at night; something that apparently had happened before,” Liebenberg said before he sentenced Goliath to an effective 28 years behind bars.
“But again, why must anyone feel unsafe on the streets at any time of the day? Have we become a nation who must align our lifestyles and freedoms to cater for criminals who roam the streets like predators waiting for their prey?” he asked.
Goliath was 20 when he forced Steyn onto the veranda of a vacant house under renovation, raped and strangled her and stole her running shoes and cell phone, which he exchanged for a small amount of cannabis and cash the next day.
Liebenberg said judging from the “significant increase in the number of rogue elements in society who exploit any possible situation to their own benefit, in all instances at the expense of innocent law-abiding citizens”, the only way to “try and turn the tide is to impose harsher sentences and to send out a clear message to likeminded criminals that such conduct will not be tolerated and will be met with severe punishment.”
Liebenberg rejected Goliath's claims that he had suffered a blackout when he raped and killed Steyn with his bare hands, and that he had consensual sexual intercourse with her.
Liebenberg said it was evident that force was used to overpower her before she was killed due to the injuries Steyn sustained before her death.
He highlighted Steyn's youthfulness and her vulnerability at the time of the “brutal raping and killing”, saying they played a major factor in his consideration of the prison term.
“Moreover, where the life of a young 16-year-old girl was taken in circumstances which render this yet another senseless murder; something we as society shamefully has become accustomed to”, he said the courts are looked to for protection and to uphold the rule of law.
“The courts are under a duty to reflect in its judgments, society's indignation and antipathy of those who are guilty of unbecoming and despicable behaviour, as encountered in this instance,” he added.
Mitigation
Liebenberg however also rejected the State's argument that Goliath should receive a life sentence noting that his youth, and the fact that the crime was committed on the spur of the moment, “significantly” impacted the sentence he imposed.
Liebenberg imposed a 23-year prison sentence for the murder charge, ten years for the rape and three years for the theft of shoes and a cell phone, which Goliath had pawned the next day for drugs and money.
Half of the ten-year sentence for the rape charge and the whole of the three-year term for the theft will be served concurrently with the murder sentence, effectively putting Goliath behind bars for 28 years.
The judge also raised the point that although Goliath had admitted guilt to the murder, this counted for little and was not regarded as a mitigating factor during his consideration of the prison term.
He however added that his acceptance of blame for his wrongdoing and the suffering he caused to Steyn's family could be regarded as sincere, and said that “it would appear that since his arrest and incarceration, he has had time to reflect on his life and committed himself to change. This could be the first step towards reformation.”
During the trial, Steyn's mother testified that since her daughter's death, she had been on medication and has received counselling as a result of the trauma of the event.
Moreover, she said Steyn's three brothers have been enormously impacted.
Steyn was described by her family and friends as a spontaneous person who had set high standards for herself and was keen to become a chartered accountant.
“At the time of her death, she had finished writing her examination and from the Junior Secondary Certificate received afterwards, it is evident that she would have progressed at school with relative ease,” Liebenberg said.
Defence lawyer Mese Tjituri represented Goliath during his trial. State Advocate Marthino Olivier prosecuted.
JANA-MARI SMITH
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