R NOT REPORTABLE
HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK
Case No: CR 28/2016
THE STATE
versus
SWARTBOOI REVIVAL
AFRIKANER IVAN
(HIGH COURT MAIN DIVISION REVIEW REF NO. 52/2016)
(MAGISTRATE’S REVIEW NO.: 95/2015)
Neutral citation: S v Swartbooi and Another (CR 28/2016) [2016] NAHCMD 103 (8
April 2016)
Coram: LIEBENBERG, J et SHIVUTE, J
Delivered: 8 April 2016
ORDER
1. Each accused is sentenced to N$1000 (one thousand) fine in default of payment three months imprisonment.
2. Sentence antedated to 30 November 2015.
REVIEW JUDGMENT
SHIVUTE J (LIEBENBERG, J concurring):
[1] The accused persons were convicted of drunk, violent or disorderly conduct in a public place contravening s 71(1)(h)(i) read with ss1, 57, 71(2), 71(3) and 72 Act 6 of the Liquor Act 1998 upon their own bare plea of guilty
[2] The conviction is in order. However, the problem lies with the sentence which reads:
‘Fined N$1000 (one thousand) in default 3 three months imprisonment.’
[3] I directed a query to the magistrate what she meant by the sentence and whether the sentence would have to be shared.
[4] In response to the query the learned magistrate said he intended to mean that each accused is sentenced to a fine of N$1000 (one thousand) or 3 months imprisonment.
[5] The concession is correctly made, and the sentence will be amended accordingly. The sentence must be clear and concisely framed for it not to create uncertainty.
[6] In the result the sentence is altered to read:
1. Each accused is sentenced to N$1000 (one thousand) fine in default of payment three months imprisonment.
2. Sentence antedated to 30 November 2015.
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N N Shivute
Judge
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J C Libenberg
Judge