State v Kooper (4) [2016] NAHCMD 107 (11 April 2016)

State v Kooper (4) [2016] NAHCMD 107 (11 April 2016)

Typographical errors in the record do not render the proceedings reviewable where the correct sentences were pronounced in court; the records should be corrected to reflect the correct sentences.

Citation
[2016] NAHCMD 107
Parties
Prosecutor: The State; Accused: Bianca Kooper; Accused: Hans Taseb; Accused: Gerhard Rooi
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 April 2016
Procedural Posture
Criminal Review / Review Judgment
Outcome
records to be corrected and returned to trial court
Legal Topics
Review of Proceedings, Sentencing, Typographical Errors in Court Records
Source Language
English
Criminal Law Criminal Procedure Review of Proceedings Sentencing Typographical Errors in Court Records

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Parties

The State

Prosecutor

Bianca Kooper

Accused

Hans Taseb

Accused

Gerhard Rooi

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether typographical errors in the record regarding conditions of suspension render the proceedings reviewable
  2. 2 Whether the sentences as pronounced in court were correct

Ratio Decidendi

Typographical errors in the record do not render the proceedings reviewable where the correct sentences were pronounced in court; the records should be corrected to reflect the correct sentences.

Court Disposition

records to be corrected and returned to trial court

Orders

  • The records of the proceedings be returned to the trial court with the direction to ensure that each record reflects the correct sentence imposed in respect of each of the accused.