REPUBLIC OF NAMIBIA
IN THE HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION, OSHAKATI
REVIEW JUDGMENT
Case Title: The State v Ndumingu Titus | CR No.: 05/2020 Case No.: 384/2019 | |
Division of Court: Northern Local Division | ||
Heard before: Honourable Mr Justice January J et Honourable Ms Justice Salionga J | Delivered on: 29 January 2020 | |
Neutral citation: S v Titus (CR 05/2020) [2020] NAHCNLD 12 (29 January 2020) | ||
The order:
| ||
Reasons for the order: | ||
JANUARY J (SALIONGA J concurring): [1] The accused pleaded guilty to theft of 10 X N$10 recharge vouchers valued at N$100, 10 X N$5 recharge vouchers valued at N$50, a wallet valued at N$200 and cash money to the value of N$1250; [2] The magistrate disposed of the matter in terms of section 112 (1) (a) on request of the public prosecutor. It was in numerous reviews pointed out that section 112 (1) (a) is to be applied only in cases of a trivial nature. [3] All indications in the charge, in my view is indicative that this crime is not trivial. It seems that the complainant was selling recharge vouchers to make a living in all probability. The accused stole in all likelihood her income which amount to a combined amount of N$1600 from her. | ||
H C JANUARY JUDGE | J T SALIONGA JUDGE |