S v Erastus and Another (CRIMINAL 55 of 2010) [2010] NAHC 144 (30 September 2010)

The condition of suspension referring to 'any offence of which assault is an element' is too broad and vague; it is amended to refer only to robbery with aggravating circumstances.

Citation: [2010] NAHC 144
Parties: Prosecution: The State; Accused: Erastus Andrew; Accused: Immanuel Gaeseb
Court: High Court
Jurisdiction: Namibia
Judgment Date: 30 September 2010
Case Number: CRIMINAL 55 of 2010
Procedural Posture: Criminal Review / Review Judgment
Outcome: conviction confirmed; sentence amended
Legal Topics: Robbery With Aggravating Circumstances, Sentencing, Suspended Sentence, Vagueness of Sentencing Conditions
Source Language: English

Criminal Law Robbery With Aggravating Circumstances Sentencing Suspended Sentence Vagueness of Sentencing Conditions

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Parties

The State

Prosecution

Erastus Andrew

Accused

Immanuel Gaeseb

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

1 Whether the condition of suspension referring to 'any offence of which assault is an element' is too broad and vague

Ratio Decidendi

The condition of suspension referring to 'any offence of which assault is an element' is too broad and vague; it is amended to refer only to robbery with aggravating circumstances.

Court Disposition

conviction confirmed; sentence amended

Orders

Convictions of both accused confirmed.
Sentence amended to: Each accused is sentenced to N$2000 or 12 months imprisonment of which N$1000 or 6 months imprisonment is suspended for 3 years on condition that the accused is not convicted of robbery with aggravating circumstances committed during the period of suspension.