S v Malukusi (CRIMINAL 193 of 1994) [1994] NAHC 15 (01 December 1994);
CR
193/94
THE
STATE vs MALUKUSI ANDREAS
1994-12-01
Hannah, J: Mtambanengwe,
J
JUDGMENT
ON SENTENCE
Held:
For a second or subsequent conviction for an offence in terms of Act
12 of 1990 the mandatory minimum sentence is 3 years imprisonment, to
sentence one to 3 years imprisonment and suspend 1 year is an error.
The sentence must be corrected to read 3 years imprisonment.
CORAM:
HANNAH
et
MTAMBANENGWE,
JJ.
Delivered
on: 1994.12.01
REVIEW
JUDGMENT
MTAMBANENGWE,
J.
t This
review matter was sent up to me with the following comment by the
trial magistrate:
"1.
After I sentenced the accused I realized that I had erroneously
suspended one year of the sentence although the accused is over 18
years of age.
2
.
I
respectfully request that you alter the sentence to read three (3)
years imprisonment."
The
accused was convicted of stock theft. He stole and slaughtered one
goat valued at N$180.00. He has a previous conviction for stock
theft and in terms of the Act (Act No 12 of 1990) as amended by
section 3(b) of the Stock Theft Amendment (Act No 19 of 1993) for a
second or subsequent conviction for contravention of the
Act the mandatory
minimum
sentence is 3
years,
the maximum being 20
years
without the option of a fine.
Accordingly
the conviction is confirmed but the sentence is altered simply to 3
years
imprisonment.
MTAMBANENGWE, I
JUDGE
agree
The
sentence is ante-dated to 31st October, 1994.
