S v Skrywer (1) (CA 15 of 2005) [2005] NAHC 20 (29 June 2005)

S v Skrywer (1) (CA 15 of 2005) [2005] NAHC 20 (29 June 2005)

The sentence imposed was startlingly inappropriate given the circumstances and comparative sentences in similar cases; therefore, the sentence was varied to two years imprisonment, one year of which is suspended for five years on condition of no conviction for theft during the suspension period.

Citation
[2005] NAHC 20
Parties
Appellant: Sebastiaan Skrywer; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
29 June 2005
Case Number
CA 15 of 2005
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
sentence varied
Legal Topics
Sentencing, Theft, Consistency in Sentencing
Source Language
English
Criminal Law Sentencing Theft Consistency in Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Sebastiaan Skrywer

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was consistent with sentences in similar cases
  2. 2 Whether the sentence was excessively severe

Ratio Decidendi

The sentence imposed was startlingly inappropriate given the circumstances and comparative sentences in similar cases; therefore, the sentence was varied to two years imprisonment, one year of which is suspended for five years on condition of no conviction for theft during the suspension period.

Court Disposition

sentence varied

Orders

  • Sentence of four years imprisonment set aside and substituted with two years imprisonment, one year of which is suspended for five years on condition that the appellant is not convicted of theft committed during the period of suspension.