Court name
High Court
Case number
CRIMINAL 11 of 2009
Title

S v Ntaagona (CRIMINAL 11 of 2009) [2009] NAHC 40 (02 April 2009);

Media neutral citation
[2009] NAHC 40













CASE NO.: CR 11/2009







IN THE HIGH COURT OF NAMIBIA



HELD IN OSHAKATI



In the matter between







THE STATE







and







MARTHA NTAAGONA







(High
court review no: 83/2009
)







CORAM: LIEBENBERG,
AJ
et
SHIVUTE, AJ







Delivered on: 02 April 2009





REVIEW
JUDGMENT:







SHIVUTE, AJ.:
[1] The accused appeared before Ondangwa Magistrate’s Court and
pleaded guilty to a charge of assault with intent to do grievous
bodily harm. She was sentenced as follows:






N$1000.00
(one thousand N$ fine) or 12 (twelve) months imprisonment of which
N$400.00 or 6 (six) months is
suspected
for
5 (five) years on condition that the accused is not convicted of any
offence of which violence on a person is an element, committed the
period of suspension”.







[2] I did not find it necessary to
raise a query with the magistrate.







[3] In formulating the sentence. The
magistrate states,
“6
(six) months is
suspected
for 5 (five) years…”

This does not make sense at all. Had the magistrate proof read the
record she was going to pick it up. It is very important for the
magistrate to proof read the record before it is send for review.
Again in formulating the condition of the suspension of the sentence,
the magistrate omitted to state that the prohibited conduct should
not be committed “
during”
the period of suspension. It is trite law that the condition of the
suspension of the sentence should provide that the prohibited conduct
should not be committed during the period of suspension.







[4] Thus the sentence imposed cannot
be allowed to stand.







[5] In the result, the following
order is made:








  1. The conviction is confirmed.



  2. The sentence is amended to read:








N$1000.00 or 12 months imprisonment,
of which N$400.00 or 6 months is
suspended
for 5 (five) years on
condition that the accused is not convicted of any offence of which
violence on a person is an element, committed
during
the period of suspension.



























__________________________



SHIVUTE, AJ















I Concur















_________________________



LIEBENBERG, AJ