Court name
High Court Main Division
Case number
CRIMINAL 55 of 2013
Case name
S v Tsowaseb
Media neutral citation
[2013] NAHCMD 244
Judge
Hoff J
Smuts J













NOT REPORTABLE







REPUBLIC OF NAMIBIA



HIGH COURT OF NAMIBIA
MAIN DIVISION, WINDHOEK











JUDGMENT



Case no: CR: 55/2013



In the matter between:







THE STATE



and



MAKENZIE TSOWASEB
................................................................................ACCUSED







(HIGH COURT MAIN DIVISION
REVIEW REF NO. 666/2013











Neutral citation:
State v Tsowaseb
(CR 55/2013) [2013] NAHCMD 244 (15 August 2013)











Coram: HOFF J and
SMUTS J







Delivered: 15
August 2013

































ORDER





(a) The conviction is
confirmed.







(b) The sentence is
amended to read as follows:







N$3000 or 20 months
imprisonment of which N$1500 or 10 months imprisonment are suspended
for a period of 3 years on condition that the accused is not
convicted of assault, assault with intent to do grievous bodily harm,
or of domestic violence as defined in section 2 of Act 4 of 2003
committed during the period of suspension.









JUDGMENT









HOFF J (SMUTS J
concurring):







[1] The accused was
convicted of assault with intent to do grievous bodily harm (read
with the provisions of the Domestic Violence Act 4 0f 2003) and
sentenced as follows:







N$3 000.00
or 20 months imprisonment of which N$1 500.00 or 10 months
imprisonment are suspended for a period of 3 years on condition that
the accused is not convicted of assault, assault with intent to do
grievous bodily harm or any offence under Act 4 of 2003 committed
during the period of suspension.’







[2] I directed a query to
the magistrate enquiring whether that part of the sentence which
refers to ‘any offence under Act 4 of 2003 committed during the
period of suspension’ is not too wide and onerous.







[3] The magistrate in her
reply conceded that it is too wide and suggested that an amended
sentence may read: ‘the accused is not convicted of
contravening section 2 of Act 4 of 2003’.







[4] Section 2 deals with
the definition of domestic violence.







[5] In the result the
following orders are made:








  1. The conviction is
    confirmed.









  1. The sentence is amended
    to read as follows:








N$3000 or 20 months
imprisonment of which N$1500 or 10 months imprisonment are suspended
for a period of 3 years on condition that the accused is not
convicted of assault, assault with intent to do grievous bodily harm,
or of domestic violence as defined in section 2 of Act 4 of 2003
committed during the period of suspension.



























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



E P B HOFF



Judge























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



D SMUTS



Judge