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:
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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 |