S v Titus (5) (Review Judgment) (CRIMINAL 5 of 2020) [2020] NAHCNLD 12 (29 January 2020)

Case Title:

The State v Ndumingu Titus

CR No.: 05/2020

Case No.: 384/2019

Division of Court:

Northern Local Division

Heard before:

Honourable Mr Justice January J et

Honourable Ms Justice Salionga J

Delivered on:

29 January 2020

Neutral citation: S v Titus (CR 05/2020) [2020] NAHCNLD 12 (29 January 2020)

The order:

1. The conviction and sentence imposed are set aside;

2. The matter is remitted to the magistrate to question the accused pursuant to the provisions of section 112 (1) (b) of the Criminal Procedure Act, Act 51 of 1977 (the CPA).

Reasons for the order:

JANUARY J (SALIONGA J concurring):

[1] The accused pleaded guilty to theft of 10 X N$10 recharge vouchers valued at N$100, 10 X N$5 recharge vouchers valued at N$50, a wallet valued at N$200 and cash money to the value of N$1250;

[2] The magistrate disposed of the matter in terms of section 112 (1) (a) on request of the public prosecutor. It was in numerous reviews pointed out that section 112 (1) (a) is to be applied only in cases of a trivial nature.

[3] All indications in the charge, in my view is indicative that this crime is not trivial. It seems that the complainant was selling recharge vouchers to make a living in all probability. The accused stole in all likelihood her income which amount to a combined amount of N$1600 from her.

H C JANUARY

JUDGE

J T SALIONGA

JUDGE