S v Augusto [2019] NAHCNLD 139 (16 December 2019)

Case Title:

The State v Ndeudana Augusto

Case No:

CR 42/2019

Division of Court:

Northern Local Division

Heard before:

Honourable Mr. Justice January J et

Honourable Ms. Justice Salionga J

Delivered on:

16 December 2019

Neutral citation: S v Augusto (CR 42/2019) [2019] NAHCNLD 139 (16 December 2019)

The order:

1. The conviction of theft is confirmed.

2. The sentence of N$4000 or 18 months imprisonment of which N$2000 or 10 months imprisonment are suspended for 3 years on condition that the accused is not convicted for theft is confirmed but amended to read that the accused is not convicted for theft committed during the period of suspension.

Reasons for the order

JANUARY J (SALIONGA J concurring):

1. This court has on numerous times in the past directed that it is imperative that the words ‘committed during the period of suspension’ must be included when sentences are suspended.

2. ‘The oversight by the magistrate on the formulation of one of the conditions of suspension is elementary and should have been guarded against; more so where this court in the past has delivered a number of similar judgments in cases where the same mistake has repeatedly been made.’¹

H C JANUARY

JUDGE

J T SALIONGA

JUDGE