S v Erastus (3) [2019] NAHCNLD 140 (23 December 2019)

Case Title:

The State v Endjambi Ndiliowike Erastus

Case No:

CR 45/2019

Division of Court:

Northern Local Division

Heard before:

Honourable Mr. Justice January J et

Honourable Ms. Justice Salionga J

Delivered on:

23 December 2019

Neutral citation: S v Erastus (CR 45/2019) [2019] NAHCNLD 140 (23 December 2019)

The order:

1. The conviction of housebreaking with intent to steal and theft is confirmed.

2. The sentence 24 months imprisonment of which 6 months are suspended for a period of 5 years on condition that accused is not convicted of housebreaking with intent to steal and theft is confirmed but amended to read that the accused is not convicted of housebreaking with intent to steal and theft committed during the period of suspension.

Reasons for the order

JANUARY J (SALIONGA J concurring):

1. This court has on numerous occasions 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