S v Shokongo (1) (CRIMINAL 51 of 2011) [2011] NAHC 170 (17 June 2011)

S v Shokongo (1) (CRIMINAL 51 of 2011) [2011] NAHC 170 (17 June 2011)

Theft of N$900.00 is not a minor offence and the magistrate erred in applying section 112(1)(a) without questioning the accused under section 112(1)(b); conviction and sentence are set aside and the matter is referred back for proper procedure.

Citation
[2011] NAHC 170
Parties
Prosecution: The State; Accused: Eliaser Shikongo
Court
High Court
Jurisdiction
Namibia
Judgment Date
17 June 2011
Case Number
CRIMINAL 51 of 2011
Procedural Posture
Criminal / Review Judgment
Outcome
conviction and sentence set aside; matter referred back to magistrate
Legal Topics
Theft, Malicious Damage to Property, Plea Procedure, Section 112(1)(a) Criminal Procedure Act, Section 112(1)(b) Criminal Procedure Act
Source Language
English
Criminal Law Theft Malicious Damage to Property Plea Procedure Section 112(1)(a) Criminal Procedure Act Section 112(1)(b) Criminal Procedure Act

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Parties

The State

Prosecution

Eliaser Shikongo

Accused

Procedural Posture

Criminal / Review Judgment

Legal Issues

  1. 1 Whether the magistrate erred in applying section 112(1)(a) of the Criminal Procedure Act to a theft of N$900.00
  2. 2 Whether the accused should have been questioned under section 112(1)(b) of the Criminal Procedure Act

Ratio Decidendi

Theft of N$900.00 is not a minor offence and the magistrate erred in applying section 112(1)(a) without questioning the accused under section 112(1)(b); conviction and sentence are set aside and the matter is referred back for proper procedure.

Court Disposition

conviction and sentence set aside; matter referred back to magistrate

Orders

  • The conviction and sentence of the accused are set aside.
  • The matter is referred back to the magistrate to apply section 112(1)(b) of the Criminal Procedure Act in respect of the accused’s plea of guilty.