Court name
Northern Local Division
Case number
CR 20 of 2022
Title

S v Antonio (CR 20 of 2022) [2022] NAHCNLD 42 (19 April 2022);

Media neutral citation
[2022] NAHCNLD 42
Coram
Munsu AJ

REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION

HELD AT OSHAKATI

 

REVIEW JUDGEMENT

Case Title:

The State v Domingos Antonio  

CR No.: 20/2022

Case No.: Outapi B350/2021

Division of Court:

Northern Local Division

Heard before:  

SALIONGA J et MUNSU AJ

 

Delivered on:  19 April 2022

 

Neutral citation:  S v Antonio (CR 20/2022) [2022] NAHCNLD 42 (19 April 2022)

The order:

  1. The conviction is confirmed
  2. The sentence is amended to read as follows:

       A fine of N$ 2000.00 or 6 months imprisonment of which N$ 1000.00 or 3 months is suspended for a period of five years on condition that the accused is not convicted of contravening section 34(3) of the Immigration Control Act 7 of 1993: Failure to present himself to an immigration officer, committed during the period of suspension.

 

Reasons for the order

 MUNSU, AJ  (SALIONGA J concurring):

 

[1]   This matter came before me on automatic review in terms of section 302 of the Criminal Procedure Act 51 of 1977 (CPA).

 

[2]    The accused was arraigned on a charge of contravening section 34(3) read with sections 1 and 34 (1) of the Immigration Control Act 7 of 1993.

 

[3]    He pleaded guilty to the charge and was questioned in terms of section 112 (1) (b) of the CPA. I am satisfied that the accused admitted all the allegations and essential elements of the offence and was correctly convicted.

 

[4]    The following sentence was imposed:

 

‘N$ 2000.00 or 6 months of which 1000.00 or 3 months is to be suspended for a period of five years on condition accused is not convicted of the offence of failure to present themselves to an immigration officer during the period of suspension.’

 

[5]    The accused was convicted for contravening a statutory provision. It follows that the provision creating the offence must appear in the sentence. Furthermore, the period of suspension must relate to the commission of the crime during a specified period of time, hence the word ‘committed’ should form part of the sentence.[1] The sentence imposed in this matter should be amended.

 

[6]    In the result, it is ordered as follows:

 

  1. The conviction is confirmed.
  2. The sentence is amended to read as follows:

A fine of N$ 2000.00 or 6 months imprisonment of which N$ 1000.00 or 3 months is suspended for a period of five years on condition that the accused is not convicted of contravening section 34(3) of the Immigration Control Act 7 of 1993: Failure to present himself to an immigration officer, committed during the period of suspension.

Judge(s) signature

Comments:

MUNSU AJ

NONE

SALIONGA J

NONE

     

 

 

[1] Terblanche SS, 2007 Guide to Sentencing in South Africa, 2nd ed Lexis Nexis, Durban, p 362.