S v Paulus (7) (Review Judgment) (CR 23 of 2019) [2019] NAHCNLD 72 (1 August 2019)

Case Title:

S v Leonard Panduleni Paulus

CR No: 23/2019

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 Paulus (CR 23/2019) [2019] NAHCNLD 72 (1 August 2019)

IT IS ORDERED THAT:

1. The conviction and the sentence are set aside.

2. The matter is remitted to the magistrate to apply section 112(1)(b) of the Criminal

Procedure Act 51 of 1977 and to sentence the accused afresh. The magistrate must

however take into consideration the period the accused spent in prison.

Reasons for the above order:

SALIONGA J (JANAURY J concurring):

[1] The accused, 41 years old, pleaded guilty to a charge of theft from the employer and

section 112(1)(a) of the Criminal Procedure Act 51 of 1977 was applied. He was

convicted as charged and sentenced to N$1500 or 5 months imprisonment.

[2] On review I queried the magistrate whether section 112(1)(a) of Act 51 of 1977 was

appropriate to be applied in the circumstances of this case and whether the sentence

imposed was not too lenient.

[3] The learned magistrate conceded that section 112(1)(a) of the Act should not have

been applied and the sentence imposed was too lenient.

[4] In the result the matter is remitted to the magistrate to comply with the order outlined

above.

Judge’s signature:

Judge’s signature: