CASE NO.: CR 21/2009

IN THE HIGH COURT OF NAMIBIA HELD

IN OSHAKATI

In the matter between:

THE STATE

and

ERASTUS ELIFAS SHILUMBU

(HIGH COURT CASE NO.:77/2009)

CORAM:
SHIVUTE, A.J
et
LIEBENBERG, A.J

Delivered on: 01 June 2009

REVIEW JUDGMENT:

SHIVUTE, A.J.:
[1] The accused appeared in
Ondangwa Magistrate’s Court charged with two counts of Assault with
intent to do grievous bodily harm.

[2] When the case was sent for review,
page 10 of the typed record reflects that the accused was convicted
of assault with intent to do grievous bodily harm in respect of the
first count, and of common assault in respect of the second count.
However the J4 Review covering sheet reveals that the accused was
convicted of Assault with intent to do grievous bodily harm in
respect of both counts.

[3] A query was directed to the
magistrate as follows:

“At
page 10 of your record the verdict on the second count is indicated
as guilty of common assault. However your J4, Review covering sheet
reveals that the accused was convicted of the offence of assault with
intent to do grievous bodily harm. Which offence was the accused
convicted of on the second count?”

[4] The learned magistrate responded
as follows:

“Honourable
Justice, I apologise sincerely for my mistake the J4 should clearly
have reflected that the accused was convicted of Assault common in
respect of count 2. Thus, for the second count; accused was convicted
of assault (common), as reflected on p14 of the original record.
Kindly endorse that the Court did not find the accused guilty of
Assault with intent to do grievous bodily harm, as reflected on the
J4- Review covering sheet, but of assault (common)”.

[5] The importance of proof reading
the record before it is forwarded for review is to avoid these types
of mistakes. Therefore the trial magistrate is advised to make sure
that the record is proof read before it is send.

[6] In Conclusion the following order
is made:

1. 
   The conviction on the first count is
   confirmed.

   
   

2. 
   The conviction on the second count is
   amended to read: Guilty of Assault.

   
   

3. 
   The sentence on both counts is
   confirmed.

   
   

_____________________________ (Signed)

SHIVUTE, A.J

I concur

______________________________
(Signed)

LIEBENBERG, A.J