S v Rhode (CA 23 of 1994) [1994] NAHC 11 (21 October 1994)

THE STATE vs MALUKUSI ANDREAS

1994-12-01 Hannah, J: Mtambanengwe, J

JUDGMENT ON SENTENCE

Held: For a second or subsequent conviction for an offence in terms of Act 12 of 1990 the mandatory minimum sentence is 3 years imprisonment, to sentence one to 3 years imprisonment and suspend 1 year is an error. The sentence must be corrected to read 3 years imprisonment.