S v Goagoseb (12/01/16) [2016] NAHCMD 53 (03 March 2016);

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Full judgment

REPUBLIC OF NAMIBIA

 

HIGH COURT OF NAMIBIA, MAIN DIVISION

 

JUDGMENT

 

CR No: 12/2016

 

DATE: 03 MARCH 2016

 

NOT REPORTABLE

 

In the matter between

 

THE STATE

 

And

 

ERICK GOAGOSEB

 

HIGH COURT MD REVIEW CASE NO 173/2016

 

THE STATE

 

And

 

SALMON KOOPER

 

HIGH COURT MD REVIEW CASE NO 172/2016

 

Neutral citation: State v Goagoseb (CR 12/2016) [2016] NAHCMD 53 (03 March 2016)

 

CORAM: LIEBENBERG J et SHIVUTE J

 

DELIVERED: 03 March 2016

 

Flynote: Criminal procedure – Sentence – Condition of suspension – Condition that accused not be convicted of prohibited offence committed during period of suspension – Sentence corrected.

 

ORDER

 

 

In the matter of The State v Erick Goagoseb:

 

1. The conviction is confirmed.

 

2. The sentence is confirmed but amended to read: Fined N$1 500 (One thousand five hundred) or 3 (Three) months’ imprisonment of which N$500 (Five hundred) or 1 (One) month imprisonment is suspended for 3 (Three) years, on condition that the accused is not convicted of theft committed during the period of suspension.

 

In the matter of Salmon Kooper:

 

1. The conviction is confirmed.

 

2. The sentence is confirmed but amended to read: Fined N$2 000 (Two thousand) or 3 (Three) months’ imprisonment of which N$1 000 (One thousand) or 1 (One) month is suspended for 3 (Three) years, on condition that the accused is not convicted of drunk, violent and disorderly conduct in contravention of s 71 (1) of Act 6 of 1998, committed during the period of suspension.

 

JUDGMENT

 

LIEBENBERG J: (Concurring SHIVUTE J)

 

[1] Both accused in the above captioned cases were convicted on pleas of guilty and the matters finalised in terms of s 112 (1)(a) of the Criminal Procedure Act, 51 of 1977. Each was sentenced to a fine, partly suspended on condition of good conduct. The convictions are proper and will be confirmed.

 

[2] As regards the conditions of suspension in respect of each, the magistrate omitted to insert, as a condition of suspension, the word committed in order to reflect that the accused should not in future be convicted of the prohibited offence committed during the period of suspension. In this respect the sentences stand to be corrected.

 

[3] In the result, it is ordered:

 

In the matter of The State v Erick Goagoseb:

 

1. The conviction is confirmed.

 

2. The sentence is confirmed but amended to read: Fined N$1 500 (One thousand five hundred) or 3 (Three) months’ imprisonment of which N$500 (Five hundred) or 1 (One) month imprisonment is suspended for 3 (Three) years, on condition that the accused is not convicted of theft committed during the period of suspension.

 

In the matter of Salmon Kooper:

 

1. The conviction is confirmed.

 

2. The sentence is confirmed but amended to read: Fined N$2 000 (Two thousand) or 3 (Three) months’ imprisonment of which N$1 000 (One thousand) or 1 (One) month is suspended for 3 (Three) years, on condition that the accused is not convicted of drunk, violent and disorderly conduct in contravention of s 71 (1) of Act 6 of 1998, committed during the period of suspension.

 

J C LIEBENBERG

 

JUDGE

 

N N SHIVUTE

 

JUDGE

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