S v Inanseb (CRIMINAL 44 of 2011) [2011] NAHC 143 (26 May 2011)

S v Inanseb (CRIMINAL 44 of 2011) [2011] NAHC 143 (26 May 2011)

The omission of the word 'committed' in the condition of suspension rendered the sentence invalid; the sentence was substituted to include the correct wording.

Citation
[2011] NAHC 143
Parties
Prosecution: The State; Accused: Godlieb Inanseb
Court
High Court
Jurisdiction
Namibia
Judgment Date
26 May 2011
Case Number
CRIMINAL 44 of 2011
Procedural Posture
Criminal Review / Judgment on Review
Outcome
Conviction confirmed; sentence substituted.
Legal Topics
Theft, Suspended Sentence, Sentencing Error
Source Language
English
Criminal Law Theft Suspended Sentence Sentencing Error

Case Brief

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Parties

The State

Prosecution

Godlieb Inanseb

Accused

Procedural Posture

Criminal Review / Judgment on Review

Legal Issues

  1. 1 Whether omission of the word 'committed' in the suspended sentence condition renders the sentence invalid

Ratio Decidendi

The omission of the word 'committed' in the condition of suspension rendered the sentence invalid; the sentence was substituted to include the correct wording.

Court Disposition

Conviction confirmed; sentence substituted.

Orders

  • The sentence is substituted to read: One thousand Namibian dollars fine (N$1000-00) or in default of payment twelve (12) months imprisonment wholly suspended for a period of three (3) years on condition that the accused is not convicted of theft committed during the period of suspension.