S v Simon (5) (Review Judgment) (CRIMINAL 224 of 2016) [2016] NAHCNLD 99 (1 December 2016)

S v Simon (5) (Review Judgment) (CRIMINAL 224 of 2016) [2016] NAHCNLD 99 (1 December 2016)

The magistrate intended compensation as a condition of suspension, not as an order under section 300 of the Criminal Procedure Act. The accused was not given an opportunity to address the court on compensation. The sentence was not in accordance with justice and was rectified to reflect a suspended sentence with compensation as a condition.

Citation
[2016] NAHCNLD 99
Parties
Prosecution: The State; Accused: Nanghonda Simon
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
1 December 2016
Case Number
CRIMINAL 224 of 2016
Procedural Posture
Criminal Review / Review Judgment
Outcome
sentence on count 1 set aside and substituted; sentence on count 2 confirmed
Legal Topics
Compensatory Order, Suspended Sentence, Criminal Procedure Act Section 300, Theft, Malicious Injury to Property
Source Language
English
Criminal Law Compensatory Order Suspended Sentence Criminal Procedure Act Section 300 Theft Malicious Injury to Property

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Parties

The State

Prosecution

Nanghonda Simon

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether compensation can be ordered as a condition of suspension or under section 300 of the Criminal Procedure Act
  2. 2 Whether the accused was given an opportunity to address the court on compensation

Ratio Decidendi

The magistrate intended compensation as a condition of suspension, not as an order under section 300 of the Criminal Procedure Act. The accused was not given an opportunity to address the court on compensation. The sentence was not in accordance with justice and was rectified to reflect a suspended sentence with compensation as a condition.

Court Disposition

sentence on count 1 set aside and substituted; sentence on count 2 confirmed

Orders

  • Conviction and sentence on count 2 confirmed.
  • Sentence on count 1 set aside and substituted with 12 months' imprisonment suspended for three years on condition accused is not convicted of theft during suspension and pays N$5000 to Mr Andreas Israel on or before 31 December 2016.