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S v Tsowaseb (CR 55/2013) [2013] NAHCMD 244 (15 August 2013)

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NOT REPORTABLE


REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK



JUDGMENT

Case no: CR: 55/2013

In the matter between:


THE STATE

and

MAKENZIE TSOWASEB ................................................................................ACCUSED


(HIGH COURT MAIN DIVISION REVIEW REF NO. 666/2013



Neutral citation: State v Tsowaseb (CR 55/2013) [2013] NAHCMD 244 (15 August 2013)



Coram: HOFF J and SMUTS J


Delivered: 15 August 2013








ORDER

(a) The conviction is confirmed.


(b) The sentence is amended to read as follows:


N$3000 or 20 months imprisonment of which N$1500 or 10 months imprisonment are suspended for a period of 3 years on condition that the accused is not convicted of assault, assault with intent to do grievous bodily harm, or of domestic violence as defined in section 2 of Act 4 of 2003 committed during the period of suspension.


JUDGMENT


HOFF J (SMUTS J concurring):


[1] The accused was convicted of assault with intent to do grievous bodily harm (read with the provisions of the Domestic Violence Act 4 0f 2003) and sentenced as follows:


N$3 000.00 or 20 months imprisonment of which N$1 500.00 or 10 months imprisonment are suspended for a period of 3 years on condition that the accused is not convicted of assault, assault with intent to do grievous bodily harm or any offence under Act 4 of 2003 committed during the period of suspension.’


[2] I directed a query to the magistrate enquiring whether that part of the sentence which refers to ‘any offence under Act 4 of 2003 committed during the period of suspension’ is not too wide and onerous.


[3] The magistrate in her reply conceded that it is too wide and suggested that an amended sentence may read: ‘the accused is not convicted of contravening section 2 of Act 4 of 2003’.


[4] Section 2 deals with the definition of domestic violence.


[5] In the result the following orders are made:


  1. The conviction is confirmed.


  1. The sentence is amended to read as follows:


N$3000 or 20 months imprisonment of which N$1500 or 10 months imprisonment are suspended for a period of 3 years on condition that the accused is not convicted of assault, assault with intent to do grievous bodily harm, or of domestic violence as defined in section 2 of Act 4 of 2003 committed during the period of suspension.







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E P B HOFF

Judge






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D SMUTS

Judge