S v Matheus (CR No: 24/2019) [2019] NAHCNLD 71 (01 August 2019);

Group

Full judgment

 IT IS ORDERED THAT:

1.  The conviction and sentence are set aside.

2.The matter is remitted to the Magistrate’s Court Outapi for the magistrate to properly question the                 accused in terms of s 112(1)(b) of the Criminal Procedure Act, 51 of 1977 and further deal with the               matter  in accordance with the law.

Reasons for the above order:

SALIONGA J (JANAURY J concurring):

[1]  Accused stands charged with Assault with intent to do grievous bodily harm read with the Combating of                  Domestic Violence Act 4 of 2003. He pleaded guilty and was convicted accordingly.

[2]  He was sentenced to 36 months imprisonment.

[3]  When I received the record on review I queried the magistrate how did she satisfy herself that the accused              admitted all the elements of the offence if no question was asked of his intention?

[4]  In her reply the learned magistrate conceded to having omitted to question the accused person of his intention        to assault the complainant. She therefore requests for the record to be reverted back to her for proper                    questioning.

[5]  In my view the proposition is properly made and the matter is returned to the

      magistrate to question the accused properly.

[6]  The above order is made.

  

 

J.T. SALIONGA

JUDGE

H.C. JANUARY

JUDGE

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