Namibian High Court Judgment: Multiple Counts of Theft and Money Laundering

Background

A recent judgment from the Namibian High Court, written by Judge JC Liebenberg, addresses a case involving an individual charged with multiple counts of theft and money laundering over a period of two years and eight months.

The Principle of Uniformity

The judge discusses the principle of uniformity, which holds that an offender should receive the same treatment for similar crimes, regardless of whether they are sentenced together or separately. However, in this case, taking all the counts together would be a more just and fair outcome due to their similar nature and modus operandi.

Sentencing

The judge turns to the specific sentences to be imposed on the accused:

• Money-Laundering Count: The judge explains that the accused’s financial status means that a fine would not be an appropriate sentence. Therefore, a sentence of imprisonment for 6 years is imposed on this count.
• Cumulative Effect: The judge orders that the separate sentences should be served concurrently to avoid a disproportionate total sentence.

Key Points from the Judgment

• Principle of Uniformity: An offender should receive the same treatment for similar crimes, regardless of whether they are sentenced together or separately.
• Challenges in Sentencing: It would be difficult to sentence each count separately due to their similar nature and modus operandi.
• Financial Status: The accused’s financial status means that a fine is not an appropriate sentence for the money-laundering count.
• Concurrent Sentences: The sentences should be served concurrently to avoid a disproportionate total sentence.