Court name
High Court Main Division
Case number
CRIMINAL 28 of 2016
Title

S v Swartbooi and Another (2) (Review Judgment) (CRIMINAL 28 of 2016) [2016] NAHCMD 103 (08 April 2016);

Media neutral citation
[2016] NAHCMD 103
Coram
Liebenberg J
Shivute J

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.

 

 

 

_________________________

N N Shivute

Judge

 

                                                              

 

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J C Libenberg

Judge