State v Makuva (CRIMINAL 1 of 2020) [2020] NAHCNLD 1 (13 January 2020)

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