S v Indongo (CRIMINAL 18 of 2011) [2011] NAHC 60 (28 February 2011)

S v Indongo (CRIMINAL 18 of 2011) [2011] NAHC 60 (28 February 2011)

The two convictions should be taken together for the purpose of sentencing, and part of the sentence should be suspended to reflect both the aggravating circumstances and the fact that the accused is a first offender.

Citation
[2011] NAHC 60
Parties
Prosecutor: State; Accused: Olavi Indongo
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 February 2011
Case Number
CRIMINAL 18 of 2011
Procedural Posture
Criminal / Review Judgment
Outcome
Conviction confirmed; sentences set aside and substituted
Legal Topics
Theft, Sentencing, Review Proceedings
Source Language
English
Criminal Law Theft Sentencing Review Proceedings

Case Brief

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Parties

State

Prosecutor

Olavi Indongo

Accused

Procedural Posture

Criminal / Review Judgment

Legal Issues

  1. 1 Whether the total sentence imposed was in accordance with justice given both offences were committed on the same day
  2. 2 Whether the sentences should have been taken together for purposes of sentencing or partially suspended

Ratio Decidendi

The two convictions should be taken together for the purpose of sentencing, and part of the sentence should be suspended to reflect both the aggravating circumstances and the fact that the accused is a first offender.

Court Disposition

Conviction confirmed; sentences set aside and substituted

Orders

  • The two convictions are taken together for the purpose of sentencing.
  • The accused is sentenced to two years imprisonment of which one year is suspended for a period of 3 years on condition that the accused is not convicted of theft within the period of suspension.