‘ANNEXURE 11’
IN THE HIGH COURT OF NAMIBIA
Case Title: The State v Tobias Mwahindange and Another | Case No: CR 59/2020 |
Heard before: Honourable Ms Justice Usiku Honourable Ms Justice Claasen | Division of Court: Prison Division |
Neutral citation: S v Mwahindange (CR 59/2020) [2020] NAHCMD 361 (17 August 2020) | Delivered on: 17 August 2020 |
HIGH COURT MAIN DIVISION REVIEW REF NO. 1056/2020) | |
Neutral citation: S v Mwahindange (CR 59/2020) [2020] NAHCMD 361 (17 August 2020) | |
The order: The conviction is confirmed. The sentenced is substituted with the following sentence: Accused is fined N$2000.00 (two) thousand Namibian Dollars or 12 (twelve) months imprisonment, wholly suspended for a period of 5 years on condition that accused should not be convicted of possession of housebreaking implements in contravention of s 9 of Proclamation 27 of 1920 committed during the period of suspension. | |
Reasons for order: | |
USIKU J (concurring Claasen J)
‘Can a sentence be suspended for an unspecified period of time? Is the sentence a competent one?’
‘1. I acknowledge that a typing error occurred on the review sheet and on the charge sheet. I apologise and it shall not happen again.’ He also proposed that the conviction be confirmed and the sentence be corrected.
Where a Court convicts a person of any offence, other than an offence in respect of which any law prescribes a minimum punishment, the Court may in its discretion; (b) pass sentence but order the operation of the whole or any part thereof to be suspended for a period not exceeding five years on condition referred to in paragraph (a)(i) which the Court may specify in the order.
Accused is fined N$2000.00 (two) thousand Namibian Dollars or 12 (twelve) months imprisonment, wholly suspended for a period of 5 years on condition that accused should not be convicted of possession of housebreaking implements in contravention of s 9 of Proclamation 27 of 1920 committed during the period of suspension. | |
D N USIKU JUDGE | C M CLAASEN JUDGE |