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.’
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P J MILLER
Judge
I agree
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P J DAMASEB
Judge-President