REPUBLIC OF NAMIBIA
IN THE HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION, OSHAKATI
REVIEW JUDGMENT
Case Title: The State v Hileni Amagonya | CR No.: 48/2019 Case No: 222/2019 | |
Division of Court: Northern Local Division | ||
Heard before: Honourable Mr. Justice January J et Honourable Ms. Justice Salionga J | Delivered on: 27 December 2019 | |
Neutral citation: S v Amagonya (CR 48/2019) [2019] NAHCNLD 147 (27 December 2019) | ||
The order:
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Reasons for the order: | ||
JANUARY J (SALIONGA J concurring): [1] Guidelines for orders of community service are stipulated in Hiemstra’s Criminal Procedure, Issue 2, May 2009 at p 28-75 to p 28-76 with reference to S v Sikunyana 1994 (1) SACR 206 (Tk) at 209g-j. These are not a numerus clausus (restricted number) of guidelines. [2] Amongst others one of these guidelines are ‘the number of hours and days must be indicated, the person under whose supervision community service must be performed, the commencement date and days excluded’. An accused should know and be informed of the detail of the order as recommended by the member who completed the recommendation. This will promote certainty. It has become practice that the times, days to do duties, days excluded and under whose supervision are included in the conditions of suspension. It is indicated in the Community Service Report. | ||
H C JANUARY JUDGE | J T SALIONGA JUDGE |