Court name
High Court Main Division
Case number
CRIMINAL 48 of 2013
Title

S v Kandjou (CRIMINAL 48 of 2013) [2013] NAHCMD 221 (29 July 2013);

Media neutral citation
[2013] NAHCMD 221
Coram
Miller AJ
Damaseb JP













REPUBLIC OF NAMIBIA



HIGH COURT OF NAMIBIA
MAIN DIVISION, WINDHOEK








JUDGMENT



Case no: CR
48/2013



In the matter between:








THE STATE



and



NELSON KANDJOU
.......................................................................................ACCUSED



(HIGH COURT MAIN DIVISION
REVIEW REF NO.: 1787/2012)








Neutral citation: The
State v Kandjou
(CR 48/2013) [2013] NAHCMD 221 (29 July 2013)








Coram: MILLER
AJ et DAMASEB JUDGE-PRESIDENT








Delivered on: 29
July 2013










ORDER





In the result the
sentence imposed by the magistrate is set aside and substituted by
the following sentence:



Fined N$1000.00 or
3 months imprisonment which is wholly suspended for a period of 5
years on condition that the accused is not convicted of Malicious
damage to property committed during the period of suspension.’










JUDGMENT










MILLER AJ :[1] In this
matter the accused was correctly convicted on a charge of Malicious
damage to property.








[2] The learned
Magistrate thereupon sentenced the accused to “a fine of
N$1,000.00 or 3 months imprisonment.”








[3] The entire sentence
was suspended on condition that the accused is not convicted of the
offence of theft committed during the period of suspension.








[4] The learned
Magistrate blames the fact that the word “theft” is used
as an oversight on his part and states that he intended to suspend
the sentence on condition that the accused is not convicted of
Malicious damage to property committed during the period of
suspension.








[5] In the result the
sentence imposed by the Magistrate is set aside and substituted by
the following sentence:








Fined N$1000.00 or
3 months imprisonment which is wholly suspended for a period of 5
years on condition that the accused is not convicted of Malicious
damage to property committed during the period of suspension.’

































----------------------------------



P J MILLER



Judge


















I agree


















___________________



P J DAMASEB



Judge-President