S v Agostinho (CRIMINAL 3 of 2011) [2011] NAHC 7 (26 January 2011)

S v Agostinho (CRIMINAL 3 of 2011) [2011] NAHC 7 (26 January 2011)

A sentence of imprisonment without an option of a fine cannot be imposed where section 112(1)(a) of the CPA is applied; the sentence must include an option of a fine.

Citation
[2011] NAHC 7
Parties
Prosecutor: The State; Accused: Antonio Agostinho
Court
High Court
Jurisdiction
Namibia
Judgment Date
26 January 2011
Case Number
CRIMINAL 3 of 2011
Procedural Posture
Criminal / Review Judgment
Outcome
sentence on count 2 set aside and replaced
Legal Topics
Assault by Threat, Application of Section 112(1)(a) and (b) of the CPA, Sentencing Jurisdiction
Source Language
English
Criminal Law Assault by Threat Application of Section 112(1)(a) and (b) of the CPA Sentencing Jurisdiction

Case Brief

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Parties

The State

Prosecutor

Antonio Agostinho

Accused

Procedural Posture

Criminal / Review Judgment

Legal Issues

  1. 1 Whether the Magistrate's sentence under section 112(1)(a) of the CPA was lawful
  2. 2 Whether a sentence of imprisonment without an option of a fine can be imposed under section 112(1)(a) of the CPA

Ratio Decidendi

A sentence of imprisonment without an option of a fine cannot be imposed where section 112(1)(a) of the CPA is applied; the sentence must include an option of a fine.

Court Disposition

sentence on count 2 set aside and replaced

Orders

  • Sentence on count 2 set aside and replaced with: Two hundred Namibian Dollars (N$200.00) or two (2) months imprisonment in toto suspended for three (3) years on condition that accused is not convicted of assault, read with S 21 of Act 4/03 committed during the period of suspension.