CASE  NO.: CR  57/2011

IN  THE  HIGH  COURT  OF  NAMIBIA

In the matter between:

THE  STATE

versus

HENDRIK  THOMAS  COLEMAN

[HIGH  COURT  REVIEW  CASE  NO.:  1180/2011]

CORAM:    SWANEPOEL, J  et  SIBOLEKA, J

Delivered on:  2011  JULY  15
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REVIEW  JUDGMENT

SIBOLEKA, J.:

[1]	The accused appeared before the Magistrate’s Court at Mariental on a charge of escaping from lawful custody (common law).

[2]	From the facts the police officer found him digging the hole through which he wanted to escape.  He was however convicted as follows:
“Court:  Accused I had found guilty charged court satisfied that accused admits allegations in charge.”

[3]	I queried the learned Magistrate why she returned a verdict of “guilty as charged” when from the facts it was only an attempt to escape. The Magistrate conceded the error and is agreeable that indeed only an attempt to escape had been established.

[4]	The sentence is in order and will not be tampered with.  However, the conviction cannot be allowed to stand.

[5]	In the result I make the following order:
The conviction is set aside and substituted with the following:
Guilty of Attempt to escape from lawful custody.

____________________
SIBOLEKA, J

I agree.

______________________
SWANEPOEL, J