CASE NO.: CR
IN THE HIGH
COURT OF NAMIBIA
In the matter
COURT REVIEW CASE NO.: 91/2011)
The accused appeared in the Ondangwa District Court on one count of
assault by threat and one count on assault read with S 21 of Act
4/03, and pleaded guilty to both counts.
On count 1 the Magistrate applied S 112 (1)(b) of the CPA and on
count 2, S 112 (1)(a) was applied. On count 1 the accused was
sentenced to four (4) months imprisonment, whereby on count 2, the
accused was sentenced to two (2) months imprisonment in
on the usual conditions.
The issue that arises here concerns the jurisdiction of a court where
S 112 (1)(a) of the CPA apply. When this section is applied, the
court must impose sentence with an option of a fine. A sentence of
imprisonment without an option of a fine and in
cannot be imposed where the court applied S 112 (1)(a) of the CPA.
 The conviction
by the Magistrate of Ondangwa, is therefore confirmed but the
sentence on count 2 is set aside and replaced with the following:
Namibian Dollars (N$200.00) or two (2) months imprisonment in toto
suspended for three (3) years on condition that accused is not
convicted of assault, read with S 21 of Act 4/03 committed during the
period of suspension.