S v Olivier (CRIMINAL 162 of 2001) [2001] NAHC 46 (14 December 2001)

S v Olivier (CRIMINAL 162 of 2001) [2001] NAHC 46 (14 December 2001)

A court may impose a composite sentence of fine and imprisonment, and suspend part or all of the imprisonment under s.297(1)(b), provided the suspended portion is part of the substantive sentence and not an additional sentence; the sentences in both reviews were competent and appropriate.

Source-derived case information.

Citation
[2001] NAHC 46
Parties
Prosecutor: The State; Accused: Termos Nvula; Accused: Alfred Albert Olivier; Amicus Curiae: Mr Maritz
Court
High Court
Jurisdiction
Namibia
Judgment Date
14 December 2001
Case Number
CRIMINAL 162 of 2001
Procedural Posture
Criminal Review / Judgment
Outcome
sentences confirmed
Legal Topics
Sentencing, Suspended Sentences, Compound Sentences, Interpretation of S.297(1)(b) Criminal Procedure Act
Source Language
english
Criminal Law Criminal Procedure Sentencing Suspended Sentences Compound Sentences Interpretation of S.297(1)(b) Criminal Procedure Act

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

The State

Prosecutor

Termos Nvula

Accused

Alfred Albert Olivier

Accused

Mr Maritz

Amicus Curiae

Procedural Posture

Criminal Review / Judgment

Legal Issues

  1. 1 Whether a court can impose a fine (or imprisonment in default) plus a further period of imprisonment wholly or partially suspended under s.297(1)(b) of the Criminal Procedure Act
  2. 2 Whether the addition of a suspended sentence to a substantive sentence is competent

Ratio Decidendi

A court may impose a composite sentence of fine and imprisonment, and suspend part or all of the imprisonment under s.297(1)(b), provided the suspended portion is part of the substantive sentence and not an additional sentence; the sentences in both reviews were competent and appropriate.

Court Disposition

sentences confirmed

Orders

  • The sentences in both reviews are confirmed.