State v Hairwa [2016] NAHCMD 108 (11 April 2016)

State v Hairwa [2016] NAHCMD 108 (11 April 2016)

A custodial sentence is not competent under s 112(1)(a) of the Criminal Procedure Act 51 of 1977; the sentence imposed must be set aside and the accused must be sentenced afresh in accordance with the law.

Citation
[2016] NAHCMD 108
Parties
Prosecution: The State; Accused: Mburu Anselm Hairwa
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 April 2016
Procedural Posture
Criminal Review / Sentence Review After Conviction
Outcome
sentence set aside, convictions confirmed, matter remitted for fresh sentencing
Legal Topics
Sentencing, Conviction Under S 112(1)(a), Imposition of Custodial Sentence, Suspended Sentences
Source Language
English
Criminal Law Criminal Procedure Sentencing Conviction Under S 112(1)(a) Imposition of Custodial Sentence Suspended Sentences

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Parties

The State

Prosecution

Mburu Anselm Hairwa

Accused

Procedural Posture

Criminal Review / Sentence Review After Conviction

Legal Issues

  1. 1 Whether a custodial sentence is competent under s 112(1)(a) of the Criminal Procedure Act 51 of 1977

Ratio Decidendi

A custodial sentence is not competent under s 112(1)(a) of the Criminal Procedure Act 51 of 1977; the sentence imposed must be set aside and the accused must be sentenced afresh in accordance with the law.

Court Disposition

sentence set aside, convictions confirmed, matter remitted for fresh sentencing

Orders

  • The convictions on both counts are confirmed.
  • The sentence imposed is set aside.