S v Dias and Another (CC 14 of 2011) [2022] NAHCMD 191 (14 April 2022)

S v Dias and Another (CC 14 of 2011) [2022] NAHCMD 191 (14 April 2022)

Given the accused's prior punishment, rehabilitation, health, and partial compensation to the complainant, a sentence with an option of a fine and suspended imprisonment is appropriate. Further incarceration would do more harm than good and is not justified by the facts.

Citation
[2022] NAHCMD 191
Parties
Prosecutor: The State; Accused One: Immanuel David Freitas Dias; Accused Two: Edgar Cardoso Alves
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
14 April 2022
Case Number
CC 14 of 2011
Procedural Posture
Criminal / Sentencing After Supreme Court Appeal and Remittal
Outcome
Convicted and sentenced
Legal Topics
Fraud, Theft, Sentencing, Employer Employee Trust, Suspended Sentence
Source Language
English
Criminal Law Fraud Theft Sentencing Employer Employee Trust Suspended Sentence

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Parties

The State

Prosecutor

Immanuel David Freitas Dias

Accused One

Edgar Cardoso Alves

Accused Two

Procedural Posture

Criminal / Sentencing After Supreme Court Appeal and Remittal

Legal Issues

  1. 1 Appropriate sentence for multiple counts of fraud by employee against employer
  2. 2 Consideration of prior conviction and personal circumstances in sentencing
  3. 3 Whether custodial sentence or fine is appropriate

Ratio Decidendi

Given the accused's prior punishment, rehabilitation, health, and partial compensation to the complainant, a sentence with an option of a fine and suspended imprisonment is appropriate. Further incarceration would do more harm than good and is not justified by the facts.

Court Disposition

Convicted and sentenced

Orders

  • All counts (1–137) taken as one for sentence: pay a fine of N$200,000 or five years imprisonment plus an additional five years imprisonment suspended for five years on condition of no conviction for fraud or theft during suspension period.
  • Request for compensation order under section 300 Criminal Procedure Act refused.