S v Goagoseb (2) (1 of 2016) [2016] NAHCMD 53 (3 March 2016)

S v Goagoseb (2) (1 of 2016) [2016] NAHCMD 53 (3 March 2016)

The sentences were amended to specify that the prohibited offence must be committed during the period of suspension for the suspension to be lifted, correcting the omission by the magistrate.

Citation
[2016] NAHCMD 53
Parties
Prosecution: The State; Accused: Erick Goagoseb; Accused: Salmon Kooper
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
3 March 2016
Case Number
1 of 2016
Procedural Posture
Criminal Review / Judgment
Outcome
convictions confirmed; sentences amended
Legal Topics
Sentencing, Suspended Sentence, Conviction Confirmation
Source Language
English
Criminal Law Sentencing Suspended Sentence Conviction Confirmation

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Parties

The State

Prosecution

Erick Goagoseb

Accused

Salmon Kooper

Accused

Procedural Posture

Criminal Review / Judgment

Legal Issues

  1. 1 Whether the conditions of suspension in sentencing were properly formulated
  2. 2 Whether the convictions and sentences should be confirmed or amended

Ratio Decidendi

The sentences were amended to specify that the prohibited offence must be committed during the period of suspension for the suspension to be lifted, correcting the omission by the magistrate.

Court Disposition

convictions confirmed; sentences amended

Orders

  • Conviction of Erick Goagoseb confirmed
  • Sentence of Erick Goagoseb amended to: Fined N$1,500 or 3 months’ imprisonment, of which N$500 or 1 month imprisonment is suspended for 3 years, on condition accused is not convicted of theft committed during period of suspension