CASE NO.:  CR 17/2011
IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE

versus

(HIGH COURT REVIEW CASE NO.: 818/2010)

[2] The matter was then send on review and the magistrate was queried as follows:

"How did the Court satisfy itself that the accused's intention was to steal when he 'broke' into the house if the Court did not ask questions pertaining to the accused's intention?"

[3] The magistrate replied that the intention of the accused was not established and apologized for the omission.

[4] The accused therefore did not admit to all the allegations as set out in the charge sheet.

[5] When S112(1)(b) of the Criminal Procedure Act is applied, the court must satisfy itself that all allegations in the charge sheet are admitted before a verdict of guilty is pronounced.

[6] As the accused was sentenced on 6 April 2010, it will serve no purpose to remit the matter back, for the magistrate to proceed with trial, as the accused by now has completed serving his sentence.

[7] In the result, the conviction and sentence is therefore set aside.

SIMPSON, AJ

I agree

UNENGU, AJ