The State v Michael (CR No.: 03/2020) [2020] NAHCNLD 03 (15 January 2020);

Group

Full judgment

 

 REPUBLIC OF NAMIBIA

IN THE HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION, OSHAKATI

REVIEW JUDGMENT

 

Case Title:

The State v Nailenge Thomas Michael

 

CR No.: 03/2020

Case No.: 445/2019

Division of Court:

Northern Local Division

Heard before: 

Honourable Mr. Justice  January J et

Honourable Ms. Justice Salionga J

 

Delivered on: 

15 January 2020

 

Neutral citation: S v Michael (CR 03/2020) [2020] NAHCNLD 03 (15 January 2020)

The order:

1.   The conviction of theft by false pretences is confirmed.

2.   The sentence of a fine of N$2000 or 18 months’ imprisonment wholly suspended for a period of four (4) years on condition that accused is not convicted of a similar offence is corrected to read; A fine of N$2000 or 18 months imprisonment wholly suspended for a period of four (4) years on condition that accused is not convicted of theft by false pretences or theft committed within the period of suspension.

 

Reasons for order:

JANUARY J (SALIONGA AJ concurring):

 

[1]        This court has in numerous cases disapproved and pronounced itself that magistrates should not suspend sentences on condition that an accused should not commit ‘a similar or similar offences.’

[2]        The condition of suspension is too wide and is bound to lead to uncertainty and misinterpretation. (See: S v Simon 1991 NR 104 (HC); Hiemstra’s Criminal Procedure, Issue 2 at 28-79 to 28-80). Conditions must be clear: Commentary on section 297 of the Criminal Procedure Act).

[3]        The conditions must be clear and must refer to one or more specific offences, not to a group of offences. (See: Hiemstra’s Criminal Procedure, Issue 2 at 28-79: Commentary on section 297 of the Criminal Procedure Act).

 

                       H C JANUARY    

                       JUDGE                         

                          J T SALIONGA                      

                          JUDGE

 

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