REPUBLIC OF NAMIBIA
HIGH COURT OF NAMIBIA MAIN DIVISION WINDHOEK
REVIEW JUDGMENT
PRACTICE DIRECTION 61
Case Title: The State v Chisha Simutowe John | Case No: CR 06 /2023 |
High Court MD Review No: 1934 /2022 | Division of Court: Main Division |
Heard before: Hon Judge Usiku et Hon Judge Claasen | Delivered on: 27 January 2023 |
Neutral citation: S v John (CR 06 /2023) [2023] NAHCMD 16 (27 January 2023) | |
The order a) The conviction is confirmed. b) The sentence is altered to read as follows: Accused to pay a fine of N$ 1000 or 3 months’ imprisonment. The sentence is backdated to 28 October 2022. | |
Reasons for order: | |
CLAASEN J (concurring USIKU J)
[1] The matter appears before us on automatic review. The accused was convicted of contravening s 64(a) of the Road Traffic and Transportation Act, No 22 of 1992 (the RTTA) in the district court of Rundu. He was sentenced to pay a fine of N$4000 or 6 months’ imprisonment. [2] The accused was properly convicted but there is a slight problem with the sentence that was imposed. [3] Section 106(7) of the RTTA provides for a sentence not exceeding N$ 2 000 or to imprisonment for a period not exceeding six months’ imprisonment or to both such fine and such imprisonment. [4] After having directed a query to magistrate about the sentence, he promptly replied and conceded that the punishment should have been in line with the prescribed penalty clause. [5] For that reason the sentence cannot be allowed to stand. [6] In the result the following order is made: a) The conviction is confirmed. . b) The sentence is altered to read as follows: Accused to pay a fine of N$ 1000 or 3 months’ imprisonment. The sentence is backdated to 28 October 2022. | |
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C M CLAASEN JUDGE | D N USIKU JUDGE |