Court name
High Court Main Division
Case number
CRIMINAL 77 of 2013
Title

S v Gowaseb (4) (CRIMINAL 77 of 2013) [2013] NAHCMD 345 (19 November 2013);

Media neutral citation
[2013] NAHCMD 345
Coram
Miller AJ



 

REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

JUDGMENT

 

Case no: CR 77/2013

Not Reportable

 

In the matter between:

 

THE STATE                                                                                                                                

and

AGGIES GOWASEB

 

(HIGH COURT MAIN DIVISION REVIEW REF NO.: 1703/2013)

 

Neutral citation: S v Gowaseb (CR 77/2013)[2013]NAHCMD345(20 November 2013)

 

Coram:          MILLER AJ et SMUTS J

Delivered:     19 November 2013

 

ORDER

 

I will set aside the sentence imposed and substitute it with the following sentence:

 

Fined N$3000.00 (three thousand Namibian dollars) or 2 (two) years imprisonment of which N$1500.00 (one thousand five hundred Namibian dollars) or 1 (one) year imprisonment suspended for a period of 2 (two) years on condition that the accused is not convicted of the crime of assault with intent to cause grievous bodily harm committed within the period of suspension.’

 

 

JUDGMENT

 

MILLER AJ :

 

[1]        In this matter the accused was convicted of the crime of assault with the intent to do grievous bodily harm.

 

[2]        The conviction is in order and must be confirmed.

 

[3]        The learned presiding magistrate imposed the following sentence:

 

N$3000.00 (Three thousand Namibian dollars) or 2 years direct on condition accused is not convicted of assault with intend (sic) to do grievous bodily harm during period of suspension, of which N$1500.00 (One thousand five hundred Namibian dollars) or 1 year direct imprisonment is suspended for period of 2 years.’

 

[4]        With all due respect to the learned magistrate, the sentence imposed is confusing to say the least of it.

 

[5]        What the magistrate had in mind appears from a passage in the record which reads as follows:

 

COURT:        

 

So he has to pay One Thousand Five Hundred Namibian dollars (N$1500.00) in capital or one (1) year. If he does not pay One Thousand Five Hundred Namibian dollars (N$1500.00) it does mean he will be put away for one (1) year.’

 

[6]        As matters turned out though her intention did not translate itself in the words used to express it.

 

[7]        I will set aside the sentence imposed and substitute it with the following sentence:

 

            ‘Fined N$3000.00 (three thousand Namibian dollars) or 2 (two) years imprisonment of which N$1500.00 (one thousand five hundred Namibian dollars) or 1 (one) year imprisonment suspended for a            period of 2 (two) years on condition that the accused is not convicted of the crime of assault with intent to cause grievous bodily harm committed within the period of suspension.’

 

 

 

 

 

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P J MILLER

Judge

 

 

                                                                                                                                                                                                                                                                                         I agree

 

 

 

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D SMUTS

Judge