S v Mouton (CRIMINAL 76 of 2011) [2011] NAHC 253 (23 August 2011)

S v Mouton (CRIMINAL 76 of 2011) [2011] NAHC 253 (23 August 2011)

The conviction was proper, but the sentence required clarification to specify that the suspension condition applies to convictions for assault with intent to do grievous bodily harm committed during the period of suspension.

Source-derived case information.

Citation
[2011] NAHC 253
Parties
Prosecutor: The State; Accused: Paul Mouton
Court
High Court
Jurisdiction
Namibia
Judgment Date
23 August 2011
Case Number
CRIMINAL 76 of 2011
Procedural Posture
Criminal / Review Judgment
Outcome
conviction confirmed; sentence altered
Legal Topics
Assault With Intent to Do Grievous Bodily Harm, Sentencing, Suspended Sentence
Source Language
english
Criminal Law Assault With Intent to Do Grievous Bodily Harm Sentencing Suspended Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

The State

Prosecutor

Paul Mouton

Accused

Procedural Posture

Criminal / Review Judgment

Legal Issues

  1. 1 Whether the conviction for assault with intent to do grievous bodily harm was proper
  2. 2 Whether the sentence and its conditions were properly framed

Ratio Decidendi

The conviction was proper, but the sentence required clarification to specify that the suspension condition applies to convictions for assault with intent to do grievous bodily harm committed during the period of suspension.

Court Disposition

conviction confirmed; sentence altered

Orders

  • The conviction is confirmed.
  • The sentence is altered to twelve months imprisonment, of which six months is suspended for five years on condition that the accused is not convicted of assault with intent to do grievous bodily harm committed during the period of suspension.