S v Matheus (6) (CRIMINAL 10 of 2021) [2021] NAHCNLD 18 (4 March 2021)

S v Matheus (6) (CRIMINAL 10 of 2021) [2021] NAHCNLD 18 (4 March 2021)

The sentence was not properly framed as it did not specify that each accused was to serve 18 months imprisonment; the omission was a minor error that could be corrected on review.

Citation
[2021] NAHCNLD 18
Parties
Prosecution: The State; Accused: Jeremia Matheus; Accused: Moses Matheus
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
4 March 2021
Case Number
CRIMINAL 10 of 2021
Procedural Posture
Criminal Review / Review Judgment
Outcome
conviction confirmed, sentence amended
Legal Topics
Robbery, Malicious Damage to Property, Sentencing, Automatic Review
Source Language
English
Criminal Law Robbery Malicious Damage to Property Sentencing Automatic Review

Case Brief

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Parties

The State

Prosecution

Jeremia Matheus

Accused

Moses Matheus

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the sentence imposed was properly framed for multiple accused persons
  2. 2 Whether the omission of the word 'each' in the sentencing order constituted an error requiring correction

Ratio Decidendi

The sentence was not properly framed as it did not specify that each accused was to serve 18 months imprisonment; the omission was a minor error that could be corrected on review.

Court Disposition

conviction confirmed, sentence amended

Orders

  • The convictions are confirmed.
  • The sentence is amended to read: The convictions on both count one and two are taken together for purpose of sentencing and each accused is sentenced to 18 months imprisonment.