S v Jossop (1) (Review Judgment) (CRIMINAL 124 of 2006) [2006] NAHC 49 (28 December 2006)

S v Jossop (1) (Review Judgment) (CRIMINAL 124 of 2006) [2006] NAHC 49 (28 December 2006)

The sentence was excessive and the condition for suspension was improperly formulated; the sentence was substituted with a lesser, wholly suspended sentence with a properly formulated condition.

Source-derived case information.

Citation
[2006] NAHC 49
Parties
Prosecutor: The State; Accused: Hendrik Jossop
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 December 2006
Case Number
CRIMINAL 124 of 2006
Procedural Posture
Criminal / Review Judgment
Outcome
sentence set aside and substituted; conviction confirmed
Legal Topics
Theft, Sentencing, Suspended Sentence, Restitution
Source Language
english
Criminal Law Theft Sentencing Suspended Sentence Restitution

Source-derived case record

Summary, issues, holding and outcome

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Parties

The State

Prosecutor

Hendrik Jossop

Accused

Procedural Posture

Criminal / Review Judgment

Legal Issues

  1. 1 Whether the formulation of the condition for suspension of sentence was proper
  2. 2 Whether the sentence imposed was appropriate given the circumstances

Ratio Decidendi

The sentence was excessive and the condition for suspension was improperly formulated; the sentence was substituted with a lesser, wholly suspended sentence with a properly formulated condition.

Court Disposition

sentence set aside and substituted; conviction confirmed

Orders

  • The conviction is confirmed.
  • The sentence is set aside and substituted with three months’ imprisonment wholly suspended for five years on condition that the accused is not found guilty of an offence under Act 12 of 1990, as amended by Act 19 of 2004, committed during the period of suspension.