S v Nekongo and Another (CRIMINAL 47 of 2010) [2010] NAHC 95 (24 August 2010)

S v Nekongo and Another (CRIMINAL 47 of 2010) [2010] NAHC 95 (24 August 2010)

It is a misdirection for a magistrate to suspend sentencing on a count pending review; the accused must be sentenced on all counts of conviction before the matter is sent for review. The convictions for robbery and attempted murder are not a duplication of charges as they are distinct offences.

Citation
[2010] NAHC 95
Parties
Prosecution: The State; Accused: Benny Nekongo; Accused: Berendt Owoseb
Court
High Court
Jurisdiction
Namibia
Judgment Date
24 August 2010
Case Number
CRIMINAL 47 of 2010
Procedural Posture
Criminal Review / Review Judgment
Outcome
conviction confirmed, matter remitted for sentencing
Legal Topics
Robbery, Attempted Murder, Duplication of Charges, Review Jurisdiction
Source Language
English
Criminal Law Robbery Attempted Murder Duplication of Charges Review Jurisdiction

Case Brief

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Parties

The State

Prosecution

Benny Nekongo

Accused

Berendt Owoseb

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the magistrate erred by not sentencing the accused on all counts before referring the matter for review
  2. 2 Whether there was improper splitting (duplication) of charges between robbery and attempted murder

Ratio Decidendi

It is a misdirection for a magistrate to suspend sentencing on a count pending review; the accused must be sentenced on all counts of conviction before the matter is sent for review. The convictions for robbery and attempted murder are not a duplication of charges as they are distinct offences.

Court Disposition

conviction confirmed, matter remitted for sentencing

Orders

  • The conviction of accused no. 2 on both counts is confirmed.
  • The matter is remitted to the Magistrate for completion, that is, to sentence the accused on the second count as well.