REPUBLIC OF NAMIBIA
NOT REPORTABLE
HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI
JUDGMENT
Case no: CR 07/2013
In the matter between:
THE STATE
and
MUHINDA MAKANDO
High Court NLD Review Case Ref No.: 212/2012
Neutral citation: The State v Makando (CR 07/2013) [2013] NAHCNLD 17 (15 April 2013)
Coram: LIEBENBERG J and TOMMASI J
Delivered: 15 April 2013
Flynote: Criminal procedure – Review – Sentence – Condition of suspension incomplete – Sentence corrected.
ORDER
The sentence is corrected to read: Both counts taken together for sentence – Accused is sentenced to a fine of N$2 000 or twelve months’ imprisonment of which N$1 000 or six months’ imprisonment is suspended for a period of three years on condition that the accused is not convicted of contravening section 2 (a) or (b) of Act 41 of 1971, committed during the period of suspension.
JUDGMENT
LIEBENBERG J (TOMMASI J concurring):
[1] The accused was correctly convicted on two counts of contravening s 2 (b) of Act 41 of 1971 (Possession of a dependence-producing plant – dagga) and the court having taken the counts together, imposed a fine, alternatively imprisonment of which half is suspended on condition of good behaviour. The conviction is in order and will be confirmed.
[2] Regarding sentence the magistrate concedes that the sentence passed by the court is incomplete in that it does not reflect as a condition of suspension that the prohibited act should be committed within the period of suspension. The concession is well made and the sentence stands to be corrected.
[3] Accordingly, the sentence is corrected to read:
Both counts taken together for sentence – Accused is sentenced to a fine of N$2 000 or twelve months’ imprisonment of which N$1 000 or six months’ imprisonment is suspended for a period of three years on condition that the accused is not convicted of contravening section 2 (a) or (b) of Act 41 of 1971, committed during the period of suspension.
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JC LIEBENBERG
JUDGE
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MA TOMMASI
JUDGE