S v Matheus (4) (CRIMINAL 24 of 2019) [2019] NAHCNLD 71 (1 August 2019)

Case Title:

S v Immanuel Matheus

CR No: 24/2019

Division of Court:

Northern Local Division

Heard before:

Honourable Mr. Justice January J et

Honourable Ms. Justice Salionga J

Delivered on: 1 August 2019

Neutral citation: S v Matheus (CR 24/2019) [2019] NAHCNLD 71 (1 August 2019)

IT IS ORDERED THAT:

1. The conviction and sentence are set aside.

2. The matter is remitted to the Magistrate’s Court Outapi for the magistrate to properly

question the accused in terms of s 112(1)(b) of the Criminal Procedure Act, 51 of 1977

and further deal with the matter in accordance with the law.

Reasons for the above order:

SALIONGA J (JANAURY J concurring):

[1] Accused stands charged with Assault with intent to do grievous bodily harm read with

the Combating of Domestic Violence Act 4 of 2003. He pleaded guilty and was

convicted accordingly.

[2] He was sentenced to 36 months imprisonment.

[3] When I received the record on review I queried the magistrate how did she satisfy

herself that the accused admitted all the elements of the offence if no question was

asked of his intention?

[4] In her reply the learned magistrate conceded to having omitted to question the

accused person of his intention to assault the complainant. She therefore requests

for the record to be reverted back to her for proper questioning.

[5] In my view the proposition is properly made and the matter is returned to the

magistrate to question the accused properly.

[6] The above order is made.

J.T. SALIONGA

JUDGE

H.C. JANUARY

JUDGE