CASE NO.: CR 106/2008

IN
THE HIGH COURT OF NAMIBIA

In the matter between:

THE
STATE

and

SHUUDENI
NANDE LIKIUS

(HIGH COURT REVIEW CASE NO.:
1082/2008)

CORAM: MULLER,
J et
NDAUENDAPO, J

Delivered
on: 01 October 2008

REVIEW
JUDGMENT

MULLER, J.:
[1] The
accused pleaded guilty to the charge of arson and after applying s
112(1)(b) of the Criminal Procedure Act No 51 of 1977 (CPA) the
accused was convicted and sentenced to 14 months imprisonment of
which 8 months were conditionally suspended for 3 years.

[2] I
addressed the following queries to the magistrate on 14 July 2008:

“1. On
what basis was the magistrate satisfied in terms of s 112(1)(b) of
the CPA that the accused admitted all the elements of the offence of
arson, considering the following:

1. 
   the accused
   stated that he was forced to plead guilty;

   
   

2. 
   the accused
   did not admit that he knew that he would cause damage to the
   complainant’s property by setting fire to it; and
   

   
   

3. 
   the accused
   provided a defence when he asked whether he knew his action was
   wrong, he did not admit it.

   
   

2. Why was
the review submitted more than five months after the accused had been
sentenced?

[3] On 25 September 2008 I
received the following response from the magistrate:

“1. The
magistrate’s answer to the Honourable Review Judgethat the
whole proceeding is not in order. I am humbly requesting the
proceedings to be set aside.

2. The
review was submitted late as we had to printer at the office. We are
depending getting help from other office to print our cases. That was
the main reason.”

[4] I
agree with the magistrate that the accused’s conviction and
sentence should be set aside, although the magistrate did not fully
answer my queries. According to the record of the proceedings in
respect of s 112(1)(b) of the CPA questioning, the magistrate could
not find that the accused did admit the elements of the offence. The
conviction is not in accordance with justice.

[5] Consequently, the
conviction and sentence of the accused is set aside.

__________

MULLER, J

I concur

_________________

NDAUENDAPO, J