State v Kemp [2016] NAHCMD 106 (11 April 2016)

State v Kemp [2016] NAHCMD 106 (11 April 2016)

The sentence imposed was improper as periodical imprisonment cannot be a condition of suspension, and custodial sentence without option of a fine is not permissible under s 112(1)(a). Periodical imprisonment must be served at a correctional facility, not a police station.

Citation
[2016] NAHCMD 106
Parties
Prosecution: The State; Accused: Arnold Kemp
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 April 2016
Procedural Posture
Criminal Review / Judgment on Review
Outcome
Sentence set aside; convictions confirmed; new sentences imposed.
Legal Topics
Sentencing, Periodical Imprisonment, Suspended Sentence, Crimen Injuria, Assault
Source Language
English
Criminal Law Criminal Procedure Sentencing Periodical Imprisonment Suspended Sentence Crimen Injuria Assault

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Parties

The State

Prosecution

Arnold Kemp

Accused

Procedural Posture

Criminal Review / Judgment on Review

Legal Issues

  1. 1 Whether periodical imprisonment can be a condition of suspension of sentence
  2. 2 Whether custodial sentence without option of fine is permissible under s 112(1)(a)
  3. 3 Whether periodical imprisonment must be served at a correctional facility

Ratio Decidendi

The sentence imposed was improper as periodical imprisonment cannot be a condition of suspension, and custodial sentence without option of a fine is not permissible under s 112(1)(a). Periodical imprisonment must be served at a correctional facility, not a police station.

Court Disposition

Sentence set aside; convictions confirmed; new sentences imposed.

Orders

  • The convictions on counts 1 and 2 are confirmed.
  • The sentence imposed is set aside.