Kanyembo v S (CR 17/2009) [2009] NAHC 65 (01 June 2009);

Group

Full judgment



CASE NO.: CR 17/2009


IN THE HIGH COUR OF NAMIBIA HELD

IN OSHAKATI


In the matter between:



THE STATE


and


JOHANNES KANYEMBO


(HIGH COURT CASE NO.:98/2009)


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


Delivered on: 01 June 2009


REVIEW JUDGMENT:

LIEBENBERG. A.J. [1] Accused appeared before the Ondangwa Magistrate’s court on a charge of escaping before incarceration in Contravention of section 51 of the Criminal Procedure Act, 1977 (Act 51 of 1977). He pleaded guilty and subsequent thereto, was convicted and sentenced to:


6 (six) months direct imprisonment of which 3 (three) months is suspended for 5 (five) years on condition not convicted of escaping c/s 51 Act 51 of 1977 within period of suspension.”


[2] In framing the sentence the magistrate omitted to state that the accused should not be convicted of the specified offence committed during the period of suspension.


[3] In the result, the conviction is confirmed but the sentence imposed is amended to read:


6 (six) months imprisonment of which 3 (three) is suspended for 5 (five) years on condition that the accused is not convicted of escaping before incarceration in contravention of section 51 Act 51 of 1977, committed during the period of suspension”.




________________________(Signed)

LIEBENBERG, A.J



I concur



_________________________(Signed)

SHIVUTE, A.J

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