Ushakati High Court Judge Joanna Salyonga has sentenced a man she convicted of killing his drinking companion of the same name, to 10 years in prison.
Judge Ahas Ndakundia Thomas, 46, was found guilty of premeditated murder in May this year.
She rejected his call for self-defense, and said that while the deceased was the first aggressor, the accused at the time of the appeal had taken the knife from the deceased and was therefore no longer in immediate danger.
“The accused was in control when he managed to avert the danger by taking the knife off the deceased. He had no reason to believe that his life was in danger. The moment the imminent danger ceases to exist, any attack afterwards amounts to a limit,” said Salyonga when she convicted Thomas Revenge.
She added that the state had established beyond a reasonable doubt that Thomas had intended to cause the death of the victim, Ahas Nampila, and had personally predicted that death was a high possibility. He also grossly overstepped the bounds of self-defense when he repeatedly stabbed the unprotected victim with a dangerous weapon in retaliation or retaliation.
According to the judge, Thomas used the same knife to unlawfully take the life of someone he knew well.
The judge noted that “the deceased had three penetrating wounds in the chest cavity, one of which was pierced in the upper lip, four puncture wounds and a defensive wound in addition to wounds.” She noted that this was one of the most barbaric and vicious attacks on a defenseless victim. And although the accused sustained a life-threatening wound while trying to pull the knife off the victim, the judge reiterated that by stabbing Nampella nine times, he had crossed the line of self-defense.
However, the judge said that the fact that the offense had not been contemplated beforehand and that the accused had suffered a “lifetime fatal wound” would repeatedly require medical supervision, convincing her that leniency was required.
However, the judge stressed that a prison sentence is inevitable, but advises that part of it be suspended.
Ultimately, she sentenced Thomas to 15 years in prison, with a five-year suspension provided that he was not convicted of murder or attempted murder during the suspension period.
According to the evidence, the accident occurred in a cuca store in Okamule when the victim Thomas and two other men donated money to buy a bottle of wine. After they bought the wine, the accused took the wine and went away, prompting the deceased to follow him. A quarrel ensued, and the deceased stabbed the accused in the left wrist with an okapi knife.
Then they were separated and proceeded to drink wine, although the accused did not participate. Another brawl ensued shortly thereafter, and Thomas managed to pull the knife away from the deceased and began to stab him several times.
After that he threw the knife to the ground and left. The deceased died in Oshakati Governmental Hospital from his injuries.
The accused were represented by Beatrix Boyce, and the state was represented by Marianne Ngionane.