Court name
Northern Local Division
Case name
State v Makuva
Media neutral citation
[2020] NAHCNLD 1
Judge
January J
Salionga J

REPUBLIC OF NAMIBIA

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

REVIEW JUDGMENT

 

Case Title:

The State v Amukoto Johannes Makuva

 

CR No.: 1/2020

 

Division of Court:

Northern Local Division

Heard before: 

Honourable Mr Justice January J et

Honourable Ms Justice Salionga J

Delivered on: 

13 January 2020

 

Neutral citation: S v Makuva (CR 1/2020) [2020] NAHCNLD 01 (13 January 2020)

 

The order:

1.   The sentence imposed is set aside and substituted by the following: 24 months’ imprisonment of which 6 months is suspended for a period of 5 years on condition accused is not convicted of assault with intent to do grievous bodily harm in a domestic set up committed during the period of suspension.

 

  

Reasons for the order:

 

SALIONGA J (JANUARY J concurring):

[1]          Accused a 47 years’ male was charged with assault with intent to do grievous bodily harm read with the provisions of the Combating of Domestic Violence Act 4 of 2003.

[2]          The accused pleaded not guilty and was convicted after the evidence was led.  He was sentenced to 24 months imprisonment of which 6 months imprisonment is suspended for a period of 5 years on condition accused is not convicted of assault with intent to do grievous bodily harm in a domestic set up.

[3]          The condition of suspension is vague and incomplete.

[4]          The above order is made.

 

                       J T SALIONGA    

                             JUDGE                         

                          H C JANUARY

                          JUDGE